The Freedom of Information (FOI) Act

Public authorities may refuse Freedom of Information (FOI) Act requests under certain conditions. For example, if requests:

• cost too much or take too long to process
• are vexatious
• repeat an earlier request from the same person

They can also apply exemptions to withhold information or refuse to confirm it exists.

Some exemptions relate to a certain type of information, eg information on government policies. Other exemptions can apply if harm would arise, or be likely to arise, from disclosure.

Absolute exemption under the FOI Act

These let public authorities withhold information without a public interest check. Examples include:

• national security matters
• information banned from disclosure by other laws
• if disclosure would result in a breach of confidence that could lead to legal action

Most FOI exemptions are not absolute. Many exemptions require public bodies to consider public interest before releasing information.

Qualified exemption under the FOI Act

Most exemptions are qualified. This means that public authorities must apply a public interest test and disclose information unless withholding it serves a greater public interest.

Examples of qualified exemptions include that are relevant to business include:

• commercial interests (section 43)
• sensitive business information
• trade secrets

See a full list of FOI exemptions and read more about the FOI and commercially sensitive information.

FOI and data protection

Under the UK General Data Protection Regulation (UK GDPR), if someone's FOI request involves revealing third-party personal data, public bodies must check if disclosure is fair, lawful and necessary. If it's not, or if it's disproportionate, the information will be exempt.

Read more about the data protection principles under the UK GDPR.