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Exemptions

When an FOI request is made, we will adopt the spirit of the legislation and look to release the information. Usually the more specific you are about a request, the easier it is to find relevant information.

However, there will be occasions where exemptions contained within the Act must be applied. The purpose of these exemptions is to assist the Police Service in protecting information that,if released, may have a negative impact on our ability to fulfil our core functions of law enforcement, crime prevention and the protection of life.

There are 23 exemptions included under the FOIA. The exemptions are classified as either 'absolute 'or 'qualified'.

Where an absolute exemption applies, no release is required under Freedom of Information legislation. Where a qualified exemption applies, the public interest test must be considered. This gives us more time to make a decision about the release of information.

Where there is a public interest in releasing information and a benefit to the community as a whole, the information will be disclosed. However, where the opposite is true, we will withhold the information.

The complete list of exemptions is as follows:

Section Title
SECTION 21 INFORMATION REASONABLY ACCESSIBLE BY OTHER MEANS
SECTION 22 INFORMATION INTENDED FOR FUTURE PUBLICATION
SECTION 23 INFORMATION PROVIDED BY SECURITY SERVICES
SECTION 24 NATIONAL SECURITY
SECTION 30 CRIMINAL INVESTIGATIONS AND PROCEEDINGS BY PUBLIC AUTHORITIES
SECTION 31 LAW ENFORCEMENT
SECTION 36 DISCLOSURE PREJUDICING THE EFFECTIVE CONDUCT OF PUBLIC AFFAIRS
SECTION 38 HEALTH & SAFETY
SECTION 40 PERSONAL INFORMATION
SECTION 41 INFORMATION PROVIDED IN CONFIDENCE
SECTION 42 LEGAL PROFESSIONAL PRIVILEGE
SECTION 43 (1) COMMERCIAL INTERESTS
SECTION 26 DEFENCE
SECTION 27(2) INTERNATIONAL RELATIONS
SECTION 28 RELATIONS WITHIN THE UK
SECTION 29 THE ECONOMY
SECTION 32 COURT RECORDS
SECTION 33 AUDIT FUNCTIONS
SECTION 34 PARLIAMENTARY PRIVILEGE
SECTION 35 FORMULATION OF GOVERNMENT POLICY
SECTION 39 ENVIRONMENTAL INFORMATION
SECTION 44 PROHIBITIONS ON DISCLOSURE

Last updated: 03 December 2008, 16:46

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