Page 258 - Law and the Media

Freedom of Information
information exists. However, personal information concerning third parties cannot be released
in breach of the Data Protection Act 1998 or the Human Rights Act 1998.

The right to access will not be exercisable until the relevant authority is brought under the
scope of the FIA. However, when the FIA is in force it will be fully retrospective.

14.3.4 Exemptions

Although the FIA creates a general right of access to information, it also sets out no less than 23
exemptions where that right is either disapplied or disqualified. Apart from vexatious or
repeated requests, to which a public authority is not required to respond, there are two general
categories of exemption:

1. Where the public authority must consider whether disclosure is required in the public
interest
2. Where there is no duty to consider the public interest.

Qualified exemptions – disclosure is in the public interest

Certain information will only be disclosed if it is in the public interest to do so. The public
interest exemption applies to most of the 23 exemptions under the FIA. Where a
public authority considers that the public interest in withholding information outweighs the
public interest in disclosing the information, it must inform the applicant of its reasons unless
to do so would mean actually releasing the exempt information. A public authority does not
have to confirm or deny it holds the requested information if it is exempt from disclosure.

Information intended for future publication
Section 22 of the FIA exempts information that is intended to be published where it is
reasonable that the information should not be disclosed until the intended date of publication.
Examples of the type of information covered by this exemption include information relating to
research projects that it would be inappropriate to publish until the project had been completed,
or statistical information that is usually published to a specific timetable, for example annually
or quarterly. Similarly, where a publication scheme states that a public authority will publish
information on specified dates or at specified intervals, the authority will normally be able to
rely on this exemption in relation to particular requests for such information.

National security
Under Section 24 of the FIA, information is exempt if it is required to safeguard national
security. A certificate signed by a Minister of the Crown is conclusive proof that such
information should be exempt.

Defence
Section 26 of the FIA exempts information which, if disclosed, could prejudice the defence of
Great Britain or any colony or the capability, effectiveness or security of the armed forces.
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