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Introduction
The Freedom of Information Act 2000 (FOIA) contains 23 exemptions to the general right of access. There are two types of exemption:
- ‘Absolute’ - If an absolute exemption applies, the duty to provide the information does not apply.
- ‘Qualified’ – If a qualified exemption applies, we are required to conduct a public interest test to decide whether the public interest in withholding the information outweighs the public interest in it being disclosed.
The list of exemptions that are most relevant to UCL can be found below.
Where UCL considers that one or more exemptions apply to some or all of the information requested, the applicant will be notified in writing. The relevant exemption(s) will be cited and any information that is not exempt will be provided.
Since the Act contains a presumption in favour of disclosure, in cases where there is equal weight between withholding information and disclosing it, the information will be disclosed.
An indication of the types of exemptions contained within the Act which might apply to UCL are listed below.
- Absolute Exemptions
- s.21 Information reasonably accessible to the applicant by other means
- s.23 Information supplied by, or relating to, bodies dealing with security matters
- s.32 Court records
- s.40 Personal information
- s.41 Information provided in confidence
- s.44 Prohibitions on disclosure (information is exempt where disclosure is prohibited by other laws).
- Qualified Exemptions
These are subject to the public interest test
- s.22 Information intended for future publication
- s.22A Research
- s.30 Investigations and proceedings conducted by public authorities
- s.31 Law enforcement
- s.36 Prejudice to effective conduct of public affairs
- s.38 Health and safety
- s.42 Legal professional privilege
- s.43 Commercial interests
For a full list of the exemptions available under FOIA and for more detailed guidance, please refer to the Information Commissioners’ Office website at: