Act Now - Freedom of Information: The Exemptions

Correctly identifying and applying the exemptions to disclosure under the Freedom of Information Act is one of the main legal and practical challenges that public authorities face on a daily basis.

This interactive workshop focuses entirely on the FOI exemptions in Part 2 of the Act. Using case studies, recent cases and ICO guidance, the course tutor examines each exemption in turn, with particular emphasis on the most widely used exemptions including Section 21, 36, 40, 41 and 43. We will also examine what makes a good Refusal Notice.

This is an intermediate workshop primarily aimed at people who have some experience of handling FOI requests but wish to enhance and develop their knowledge of the exemptions and how to apply them in practice.

Alongside the tutor's expert knowledge of the FOI, the case studies and exercises will enhance your knowledge of the FOI exemptions.

Key Topics

• The types of exemption; absolute and qualified
• Prejudice based exemptions-how do they work in practice?
• Qualified exemptions- how to do a Public Interest Test
• Requests involving personal data
• Administrative exemptions
• National Security, Public Safety exemptions
• Justice exemptions
• Communications within and between institutions
• Commercial Confidentiality exemptions
• The EIR exemption
• Neither confirm nor deny responses
• Drafting a Refusal Notice
• Internal Reviews and Enforcement