Are There Any Exemptions Under FOIA?

The Freedom of Information Act 2000 (FOIA) contains exemptions that allow public authorities to withhold certain types of information from disclosure. These exemptions fall into two categories:

1. Absolute exemptions – where the information must not be released. Examples include:

   • Court records

   • Information covered by parliamentary privilege

   • Personal data protected under UK GDPR

2. Qualified exemptions – where disclosure depends on the outcome of a Public Interest Test (PIT). Examples include:

   • Commercial interests

   • Law enforcement and national security

   • Policy formulation and ministerial communications

The PIT balances the public interest in disclosure against the potential harm of releasing the information. Properly applying exemptions ensures lawful and transparent decision-making under the FOIA