Exemptions

Whilst the Freedom of Information Act 2000 ("the Act") creates a right to request specific information held by public authorities (effective 1st January 2005), it also creates a number of exemptions from that right. These have the effect of permitting public authorities to withhold some or all of the information requested, where that information fits the terms of one or more of the exemptions.

Many of the exemptions will only apply where pressing public interest arguments can be made for withholding the information. In other words, information that falls into a particular exemption category (for example, defence) will nevertheless have to be disclosed unless it can be successfully argued that the public interest in withholding it is greater than the public interest in releasing it. These exemptions are known as 'qualified' exemptions.

A few exemptions (known as 'absolute' exemptions) do not contain the above requirement. Where information falls within the terms of an absolute exemption, the public authority may withhold the information without considering any public interest arguments.

Exemptions where the public interest test does not apply ('absolute exemptions')

Section 21: Information accessible to applicant by other means
Section 23: Information supplied by, or relating to, bodies dealing with security matters
Section 32: Court records, etc
Section 34: Parliamentary privilege
Section 36: Prejudice to effective conduct of public affairs (only applies to information held byHouse of Commons or House of Lords)
Section 40: Personal information (absolute where the applicant is the data subject of the information, as these requests should be dealt under the Data Protection Act 1998, but not in relation to information relating to a third party).
Section 41: Information provided in confidence
Section 44: Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court

Exemptions where the public interest test applies ('qualified exemptions')

Section 22: Information intended for future publication
Section 24: National security
Section 26: Defence
Section 27: International relations
Section 28: Relations within the United Kingdom
Section 29: The economy
Section 30: Investigations and proceedings conducted by public authorities
Section 31: Law enforcement
Section 33: Audit functions
Section 35: Formulation of government policy, etc
Section 36: Prejudice to effective conduct of public affairs (except information held by the House of Commons or the House of Lords)
Section 37: Communications with Her Majesty, etc and honours
Section 38: Health and Safety
Section 39: Environmental information as this can be accessed through the Environmental Information Regulations
Section 40: Personal information. People cannot access personal data about themselves under the Freedom of Information Act 2000 as there is already access to such information under the Data Protection Act 1998. Personal data about other people cannot be released if to do so would breach the Data Protection Act
Section 42: Legal professional privilege
Section 43: Commercial interests

When a member of the general public requests information and that is withheld due to exemptions then the requestor will always be told what exemptions have been applied.

As a Local Authority we must also consider exemptions under Schedule 12A of the Local Government Act 1972. These are set out in our constitution (This link will open in a new window).

Electoral Registration Officer & Returning Officer

The registration of electors is governed by the Representation of the People Act 1983 as amended. Under Section 8 of the Act, the council must appoint an officer of the council to be the registration officer for any constituency or part of a constituency coterminous with or situated in the council's area. An officer of the authority is appointed for the registration area of South Cambridgeshire District Council. Any appointment as Electoral Registration Officer is separate to any other appointment and, although appointed by the council, the Electoral Registration Officer's responsibilities and duties are personal. An example of this is that the register of electors is deemed to be the property of the Electoral Registration Officer, not the local authority. The Electoral Registration Officer does not carry out the duties on behalf of the local authority but in his own personal capacity.

Visit the Freedom of Information website for a list of public bodies and local authorities (This link will open in a new window) that are subject to the provisions of the Freedom of Information Act.

The Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. It follows that the Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act.

Details of persons and organisations that are entitled to receive free copies or to be sold copies of the register of electors are governed by Regulations 97 - 114 of the Representation of the People Regulations 2001, as amended.