Exemptions and exceptions
Exemptions deal with instances where a public authority may
withhold information under the Freedom of Information Act or
Environmental Information Regulations. Exemptions mainly apply
where releasing the information would not be in the public
interest, for example, because it would affect law enforcement,
harm commercial interests.
For exceptions to the Environmental Information Regulations 2004,
please see the heading at the bottom of the page.
Types of exemption
There are two types of exemption:
- Qualified exemptions: are those where
information, even though it falls into an exempt category such as
investigations and proceedings conducted by public authorities, may
still have to be released if it is considered that it is in the
'public interest' to release the information.
- Absolute exemptions: mean that the authority
does not have to consider what is in the public interest and should
not release the information. In some instances, the council will
not have to confirm or deny whether it holds the information or
not.
A full list of exemptions is available from the Information
Commissioner's website (external link).
If a document is exempt
- If a document contains some pieces of exempt information, those
pieces of information may be withheld, but the rest of the document
will still be released.
- If we need to consider whether the information from a request
should be released, we will tell you within 20 working days. We
will also tell you when we expect to provide the final
response.
- If you make a request for information and it is withheld, we
will explain why it has been withheld.
Environmental Information exceptions
There are some exceptions that can be applied to environmental
information. A public interest test similar to the FOI Act will
need to be applied, that is, the information should be released
even if it is excepted if it is in the public's interest that the
information should be disclosed. The exceptions include:
- where West Lancashire District Council doesn't hold the
information
- the information is incomplete, or in the course of
completion
- the information is confidential where such confidentiality is
provided by law
- where the information also relates to a person. If it related
to the person requesting the information, it becomes a Subject
Access Request under the Data Protection Act. Where it relates to a
third party, they must give permission to disclose the
information.
Related information