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FOI full exemptions guidance

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Section 40 - Personal Information

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Chapter 06: Interrelation with other exemptions

6.1 Information which constitutes personal data may also be exempt from the FOI Act by virtue of another exemption. The definition of 'personal data' is very wide and could include the fact that a particular person is the author of a document and the fact that a person attended a particular meeting. Almost any information which can be requested under the FOI Act may include personal data and it may be that exemptions other than section 40 more readily apply in light of the subject matter or source of the information. For example, if a public authority holds information which reveals that a particular person works for the Security Service, that information will constitute the personal data of that person and may be exempt under part 2 of section 40. However, the information is also information relating to a security body within the meaning of section 23: the exemption in section 23 applies more simply to exempt this information than section 40.

6.2 Aside from exemptions which are based on the particular subject matter or source of information and which might apply to exempt personal information from the FOI Act, the following exemptions may be of significance in the context of personal information:

Section 21 which protects information which is readily available to the applicant otherwise than under the FOI Act
Section 30 which exempts information which is held, amongst other things, with a view to deciding whether to bring criminal proceedings
Section 31 which protects information whose disclosure would be likely to prejudice, amongst other things, the apprehension or prosecution of offenders or the assessment or collection of any tax or duty.
Section 38which protects information whose disclosure could endanger physical and mental health
Section 41 which protects information obtained by a public authority from another person and whose disclosure to the public, otherwise than under the FOI Act, would constitute an actionable breach of confidence.
Section 44 which exempts information whose disclosure is prohibited by or under an enactment or whose disclosure is incompatible with any Community obligation.