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Ravensbourne
Innovation in digital media and design

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Exemptions

 

There are a number of exemptions within the Freedom of Information Act. These can be split into two categories – Absolute Exemptions and Qualified Exemptions.

Qualified Exemptions

Requires an application of the Public Interest Test*

Absolute Exemptions

Does not require application of the Public Interest Test *

  • Information intended for future publication (in the Publication Scheme or by other means)
  • National security and Defence
  • International relations
  • Relations within the UK
  • The economy
  • Investigations and proceedings
  • Law enforcement
  • Audit functions
  • Formulation of government policy
  • Communications with her Majesty
  • Health and safety (to protect the health or safety of individuals)
  • Some personal information (where disclosure will not breach the data protection principles or cause distress)
  • Legal professional privilege
  • Commercial interests (of the College or any organisation/individual; including trade secrets)
  • Information accessible by other means (e.g. the Publication Scheme)
  • Information supplied by or relating to, bodies dealing with security matters
  • Court records
  • Parliamentary privilege
  • Prejudice to effective conduct of public affairs
  • Information that constitutes personal data of which the applicant is the data subject (dealt with under Data Protection Act as now)
  • Information provided in confidence (where disclosure would be an actionable breach)
  • Information whose disclosure is prohibited by law

*The Public Interest Test

The public interest test requires the balancing of competing interests, i.e. the general public interest in disclosure and the public interest in maintaining the exemption. There is a presumption that information should be disclosed unless the harm likely to arise from disclosure would outweigh the public interest in making the information available.

It is necessary for the College to consider whether any harm or unfairness arising from disclosure is outweighed by the public interest in making the information available.

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