This Freedom of Information (FOI) Exemptions Guidance provides detailed guidance to officials who will be applying the FOI Act, following implementation on 1st January 2005. It aims to ensure that decisions taken by departments are considered, consistent and defensible.
The Exemptions Guidance is not intended to be a definitive restatement of the law. It provides the government's present views about what the FOI Act means. In the light of practical experience and developments in case-law, these views may change. This Exemptions Guidance will be continuously updated to reflect these developments. Officials must bear this in mind, and be sure to refer to the most recent version of the guidance available on this site, when relying on an exemption. If there is any doubt, departments should refer to their FOI practitioners in the first instance. The Clearing House, based at the Department for Constitutional Affairs, will be a point of reference for FOI practitioners and should be referred to if difficulties remain.
The Exemptions Guidance does not contain absolute rules. In the circumstances of a particular case, a Department may consider that it is appropriate to depart from the Guidance. Before doing so Departments should first obtain the agreement of the rest of Whitehall using the Clearing House procedures, to ensure a consistent approach across government.
At the bottom of the page you will find useful links through to the websites and documents referred to in this Guidance.