Absolute exemptions
Exemptions where the public interest test does not apply ('absolute exemptions')
- Section 21 Information accessible to applicant by other means
- Section 23 Information supplied by, or relating to, bodies dealing with security matters (a certificate signed by a Minister of the Crown is conclusive proof that the exemption is justified. There is a separate appeals mechanism against such certificates)
- Section 32 Court records, etc
- Section 34 Parliamentary privilege (a certificate signed by the Speaker of the House, in respect of the House of Commons, or by the Clerk of the Parliaments, in respect of the House of Lords is conclusive proof that the exemption is justified.)
- Section 36 Prejudice to effective conduct of public affairs (only absolute when information is held by the House of Commons or House of Lords)
- Section 40 Personal information (where the applicant is the subject of the information. The applicant already has the right of 'subject access' under the Data Protection Act 1998).
- Section 41 Information provided in confidence.
- Section 44 Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court.
The exemptions were the subject of considerable debate throughout the parliamentary progress of the Act. This introduction does not attempt to provide an analysis of each exemption, or provide advice as to how exemptions might apply in particular circumstances.
For more assistance visit the Information Commissioners website at www.ico.gov.uk.