Exemptions

Broad Exemptions

The Freedom of Information Act provides for a number for exemption.  Each is designed to protect a particular interest.  Some exemptions are in general terms relative to the type of information involved.  Others relate to particular agencies.

The principal exemptions are as follows.

• Government meetings
• deliberations of public bodies
• law enforcement and public safety
• parliamentary court and other matters
• functions and negotiations of public bodies
• security defence and international relations
• information obtained in confidence
• commercially sensitive information,
• personal information,
• research and natural resources,
• financial and economic interest of the state and public bodies

Miscellaneous non-disclosure issues.

In a number of cases, the exemption is mandatory.  Access to the records must be refused.  This applies to

• meetings of the government,
• functions and negotiations of public bodies,
• information obtained in confidence,
• commercially sensitive information,
• personal information,

Certain exemptions permit the refusal of release of information on the basis that they may harm interests, such as in relation to sensitive information and trade secrets.  In the case of other exemptions the public interest to be considered.

Certain exemptions require consultations prior to the decision being made with notification to the interested parties who may make representations, which are to be taken it to account in the decision.

The burden of proof is on the body which opposes the disclosure.  The head of the relevant body must be in a position to justify the refusal to the information commissioner.