Exemptions and exceptions

The Freedom of Information (Scotland) Act 2002 contains a series of exemptions that allow public authorities to withhold information in certain circumstances. Some exemptions are absolute - if the exemption applies, the authority does not need to consider whether the public interest favours disclosure. Most exemptions are qualified, meaning the authority must apply a public interest test even if the exemption applies.

The Environmental Information (Scotland) Regulations 2004 have a separate set of exceptions. All the regulation 10 exceptions are subject to a public interest test. (For personal data under regulation 11, the test applies only in some cases.)

Section 25: Information otherwise accessible

When a Scottish public authority can refuse your request because the information is already available to you.

Section 26: Prohibitions on disclosure

When disclosure is prohibited by another law or court order.

Section 27: Information intended for future publication

When a Scottish public authority intends to publish the information you have requested.

Section 28: Relations within the United Kingdom

When disclosure would prejudice relations between the Scottish Government and other UK administrations.

Section 29: Formulation of Scottish Administration policy

Information relating to the development of Scottish Government policy - a class-based exemption with no harm test.

Section 30: Prejudice to effective conduct of public affairs

When disclosure would substantially prejudice the effective conduct of public affairs.

Section 31: National security and defence

When withholding is required to safeguard national security, or disclosure would substantially prejudice the defence of the British Islands.

Section 32: International relations

When disclosure would prejudice international relations or the interests of the United Kingdom abroad.

Section 33: Commercial interests and the economy

When disclosure would prejudice commercial interests or the economic interests of the United Kingdom or Scotland.

Section 34: Investigations by Scottish public authorities

Information held for investigations or proceedings conducted by a public authority - a class-based exemption with no harm test.

Section 35: Law enforcement

When disclosure would prejudice the prevention or detection of crime, the administration of justice, or other law enforcement matters.

Section 36: Confidentiality

When disclosure would constitute a breach of confidence actionable in court.

Section 37: Court records

When the authority holds the information solely because it is contained in court, inquiry or arbitration documents.

Section 38: Personal information

When the information requested is personal data, and disclosure would breach data protection principles.

Section 39: Health, safety and the environment

When disclosure would endanger the physical or mental health, or safety, of an individual.

Section 40: Audit functions

When disclosure would prejudice the exercise of a public authority's audit functions.

Section 41: Communications with His Majesty

When the information relates to communications with the Sovereign or the granting of honours.

Regulation 10(4)(a): Information not held

When a Scottish public authority does not hold the environmental information you have requested.

Regulation 10(4)(b): Manifestly unreasonable requests

When a request for environmental information is considered manifestly unreasonable.

Regulation 10(4)(c): Request too general

When a request for environmental information is refused because it is formulated in too general a manner.

Regulation 10(4)(d): Material in course of completion

When the environmental information requested is still being completed or is in draft form.

Regulation 10(4)(e): Internal communications

When the information requested consists of internal communications of a Scottish public authority.

Regulation 10(5)(a): International relations, defence, national security and public safety

When disclosure of environmental information would substantially prejudice international relations, defence, national security or public safety.

Regulation 10(5)(b): The course of justice and inquiries

When disclosure of environmental information would substantially prejudice the course of justice, a fair trial, or a criminal or disciplinary inquiry.

Regulation 10(5)(c): Intellectual property rights

When disclosure of environmental information would substantially prejudice intellectual property rights.

Regulation 10(5)(d): Confidentiality of proceedings

When disclosure of environmental information would substantially prejudice the confidentiality of the proceedings of a public authority.

Regulation 10(5)(e): Commercial or industrial confidentiality

When disclosure of environmental information would substantially prejudice the confidentiality of commercial or industrial information protected by law.

Regulation 10(5)(f): Interests of the information provider

When disclosure of environmental information would substantially prejudice the interests of a person who provided the information voluntarily.

Regulation 10(5)(g): Protection of the environment

When disclosure of environmental information would substantially prejudice the protection of the environment to which the information relates.

Regulation 11: Personal data

When environmental information includes personal data and how data protection law interacts with the EIR(S).