Introduction

Regulation 12 of the Environmental Information Regulations 2004 states that:

However, there are occasions when some of the data does need to be withheld, and for this purpose the Freedom of Information Act has a list of exemptions in sections 22 to 44 and the Environmental Information Regulations list exemptions under regulation 12. There are a few exemptions elsewhere in the Acts, which will also be listed later in this chapter.

Section 2 of the Freedom of Information Act explains the difference between the two types of exemption that can apply. The first is absolute, indicating that it can be applied without the application of a public interest test. The second is a qualified exemption, to which the public interest test must be applied. This test is explained in Chapter 11. There is a requirement at sections 1(5) and 2(1) to confirm or deny to the requester that information is held, even if the exemption is absolute. The only exception to this is when, by confirming or denying, an answer is given. The example below gives an indication how this might apply.

When applying any exemption there is a requirement under section 16 to advise and assist. This means that the exemption has to be explained, and also how the public interest applies. This being the case, the following example would answer the request for the military data shown above.