FOISA exemptions

The Freedom of Information (Scotland) Act 2002 gives everyone the right to request information from Scottish public authorities. Authorities can only refuse if a specific exemption applies.

Absolute vs qualified exemptions#

FOISA exemptions come in two types:

Absolute exemptions can be applied without further justification - if the conditions are met, the authority can withhold the information. But the conditions must genuinely be met, and the authority must still explain why.

Qualified exemptions have an extra hurdle. Even if the exemption applies, the authority must carry out a public interest test - weighing whether the public interest in disclosing the information outweighs the public interest in withholding it. If they haven’t done this, or haven’t explained their reasoning, that’s a basis for challenge.

What to look for in your refusal letter#

A properly reasoned refusal should:

1. Name the specific exemption being relied on (e.g. “section 29(1)(a)”)
2. Explain why that exemption applies to the information you asked for
3. For qualified exemptions: explain the public interest test and why they concluded the balance favours withholding
4. Tell you about your right to request a review

If any of these are missing, you may have grounds to challenge.

Choose your exemption#

Select the exemption cited in your refusal letter: