FOI exemptions allow or require some information to be withheld, but the authority must apply the correct exemption to the actual information and explain the refusal.
Some FOIA exemptions are absolute; others are qualified and require a public-interest test. Exemptions can apply to all or only part of a record, so the authority should consider partial disclosure and redaction.
A refusal should not be challenged with “FOI means everything is public”. Instead test the elements of the exemption, the facts, any public-interest balancing and whether non-exempt material can still be disclosed.
Key points
- Identify the exact statutory section relied on.
- Check whether it is absolute or qualified.
- For qualified exemptions, examine the public-interest factors.
- Ask whether the exemption applies to every withheld part of the record.
Common exemption themes
- Personal information and third-party privacy.
- Commercial interests and confidential information.
- Investigations and law enforcement.
- Policy formulation and effective conduct of public affairs.
- Information accessible by other means.
Public-interest test
Where required, the authority should weigh the public interest in maintaining the exemption against the public interest in disclosure. General assertions are weaker than factors tied to the requested information and circumstances at the relevant time.
Neither confirm nor deny
In some cases the authority can refuse to confirm whether information is held. That also requires a proper statutory basis; it is not simply a convenience where confirming existence would be sensitive.
In practice
- Challenge the exemption, not the authority’s motives.
- Quote the refusal notice and identify what part of the statutory test you dispute.
- Ask for severable non-exempt information.
What to do
A practical next-step plan
- Read the refusal notice.
- Look up the cited exemption.
- Identify whether a public-interest test applies.
- Request internal review with specific grounds.
- Escalate to ICO if unresolved.
Common traps
Things that often confuse the issue
- Assuming “confidential” is itself an FOI exemption.
- Ignoring third-party personal-data rights.
- Making a generic internal review that does not engage the statutory test.
Evidence worth keeping
Challenge the reasoning, not just the section number.
Useful review questions.
“What specific information engages the exemption? What prejudice or protected interest is relied upon? Why is that prejudice sufficiently likely? What factors were put on each side of the public-interest test? Was partial disclosure considered?”
Where the authority relies on a costs limit, personal information, legal privilege, commercial interests or law-enforcement provisions, read the ICO guidance for that specific exemption before drafting the review.
Partial disclosure is often possible.
If only part of a document is exempt, the authority should consider disclosing the remainder with lawful redactions. Ask it to explain whether severance was considered. A refusal covering an entire file should not automatically follow from a small amount of exempt material.
For qualified exemptions, separate engagement from the public-interest balance.
| Question | What to look for |
|---|---|
| Is the exemption engaged? | Does the information actually fall within the statutory class or prejudice test? |
| What harm is claimed? | Is it specific, real and linked to disclosure of these records? |
| When is harm assessed? | Usually by reference to the circumstances at the statutory response point. |
| Public interest for withholding | What concrete interest would be protected? |
| Public interest for disclosure | Transparency, accountability, spending, safety, decision quality, public debate. |
An exemption is not a magic word that ends the request.
The authority must identify a relevant FOIA exemption and satisfy its legal test. Some exemptions are class-based; some require a likelihood of prejudice. Some are absolute; many are qualified and therefore require a public-interest test. The fact that information is embarrassing, inconvenient or commercially awkward is not itself an exemption.
Official sources
Check the rules behind this guide
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.