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Last active September 12, 2018 12:28
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FOI Exemptions Intro
Raw
comment.md

I think in general all the content here is good, but its pretty wordy and doesn't give any "landmarks" for a confused citizen to orientate themselves.

I think the main messages we want to convey here are:

  • The default position is that they must confirm or deny; then release if they have it.
  • If they've refused a request, have they applied exemptions correctly?
  • General things you can do when refused with an exemption

What do I mean by landmarks? I made a stab at showing this: https://gist.github.com/garethrees/d9acb79dbe46eb4143ffe75ca004cdc7#file-foi-exemption-intro-md

Lets say I've just received a refusal notice and I'm sat with someone expert in FOI. Here's what I'd imagine they'd say to me:

  • Its okay, it looks confusing but I can help you through this.
  • First, did they tell you whether they hold the information or not?
  • If not, then they need to unless…
    • Blah, blah or blah
    • If none of those reasons apply, then ask for an internal review
  • If they confirmed they don't hold the information, then they should point you in the right direction.
  • If they confirmed they have the information, but refused it…
    • Then they must cite the section. If they didn't, ask for an internal review
    • Okay so they cited the section, so at face value they've complied with the law. That's where some specific guidance comes in…

I think we want to convey this conversation in text, maybe by making the top-level "conditions" headings or similar, so that a user can scan it and go "Oh… they didn't say whether they had it or not, let me read about that…".

Raw
foi-exemption-intro.md

The default case

When you request information, the authority generally has two duties under the FOI Act:

  • They must confirm or deny whether the information is held
  • If they do hold it, to disclose it.

Some exemptions to the above apply.

Confirm or Deny

When can authorities refuse to even confirm or deny?

Confirmed they hold it, but refused

If your request is refused, the authority must cite the exemptions which allow them to do so.

Two types of exemption: Absolute and Qualified

  • Absolute: ?
  • Qualified: ?

Also…

  • Prejudice based: ?
  • Class based: ?

We'll get in to specific exemptions later.

What to do?

Try to avoid getting an exemption in the first place by writing responsible and effective requests.

But there are some general tactics you can use when faced with an exemption:

  • Reduce scope
  • Ask for an internal review
  • Appeal to the ICO

Basically https://www.whatdotheyknow.com/help/unhappy.

However, each exemption may have specific guidance. This will follow.

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