Type of exemption
The exemption is absolute where the information constitutes personal data of which the person is the subject or if access to personal census information or to a deceased person’s health record is sought. Where the information sought falls under this type of exemption the public authority does not have to disclose the information. The public authority does not have to consider the public interest test in determining whether to release the information.
If the data subject has exercised their right under section 10 of the DPA to issue a notice to the data controller to stop the controller processing data about him/her or if any of the data protection exemptions found in Part IV of the DPA apply to the information, qualified exemptions are created which are subject to the public interest test. These types of exemptions are sometimes known as “class exemptions”. Where public authorities find that the exemption applies to the information requested, they must go on to consider whether, in all the circumstances of the case, the public interest in disclosing the information is not outweighed by that in maintaining the exemption. If the two are evenly balanced, the presumption should always be in favour of disclosure.
The FOISA is not intended to restrict access to information in any way and public authorities may choose to disclose information voluntarily, notwithstanding this exemption 14 but authorities should always be aware of their responsibilities under DPA when choosing to release information which they have no legal duty to disclose.
Footnotes
14 FOI(S)A s66.
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