Exempt information
EXEMPT information falls into one of seven categories
identified in legislation.
The Local Government (Access to Information)
(Variation) Order 2006 and The Relevant Authorities (Standards
Committee) (Amendment) Regulations seek to simplify matters by
replacing the previous Schedule 12A of the Local Government Act
1972 with a new Schedule 12A, reducing the number of categories to
seven.
The exemptions are subject to a public interest
test.
1 Information about an
individual: Information
relating to any individual
2 Information revealing
identity: Information that
is likely to reveal the identity of an individual.
3 Information about someone’s
finances or business: Information relating to
the financial or business affairs of any particular person
(including the authority holding that information).
4 Labour
relations: Information relating to any consultations or
negotiations or contemplated consultations or negotiations, in
connection with any labour relations arising between the authority
or a minister of the crown and employees
of, or office holders under, the authority.
5 Information that could be considered
legally privileged: Information in respect
of which a claim to legal professional privilege could be
maintained in “legal proceedings”.
6 Information about legal
action: Information which reveals that the authority
proposes (a) to give under any enactment a notice under or by
virtue of which requirements are imposed on a person; or (b) to
make an order or direction under any enactment.
7 Information
about action to deal with a crime: Information relating to
any action taken or to be taken in connection with the prevention,
investigation or prosecution of crime.
Public Interest Test
Information which falls into any of the seven
categories AND is not prevented from being exempted by the Acts of
Parliament listed below is exempt information if and so long as, in
all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in
disclosing the information.