FoISA exemptions to the the release of information

The Freedom of Information (Scotland) Act 2002 [FoISA] gives the general right of access to all recorded information that is held by the University. FoISA is intended to promote openness and accountability within all Scottish Public Authorities - including Universities. Some information may however be exempt from disclosure by the University if it is considered that one of the Act's exemptions applies. Many of these exemptions are not absolute and are subject to a public interest test and a harm test.  

The University is committed to a policy of meeting its obligations under FoISA to allow access to University information unless a specific and valid exemption applies. Only the information to which an exemption applies can be withheld. That is, if a particular document is requested which contains some exempt information, only those specific pieces of exempt information can be withheld. The rest of the document must be released. 

The exemptions typically relate to information that may be accessible by other means, commercially sensitive information, and to personal information that relates to individuals other than the enquirer. The potential use of any of these exemptions, except for section 25 - Information otherwise accessible, must be passed via your local FoISA coordinator to the Data Protection and Freedom of Information Office who will assess the case for or against the use of any exemption. The exemptions, and their associated section of FoISA, that might apply include:

section 25	Information otherwise available
section 26	Prohibitions on disclosure
section 27	Information intended for future publication
section 28	Relations within the United Kingdom
section 29	Formulation of Scottish Administration policy
section 30	Prejudice to the effective conduct of public affairs
section 31	National security and defence
section 32	International relations
section 33	Commercial interests and the economy
section 34	Investigations by Scottish Public Authorities and proceedings arising out od such investigations
section 35	Law enforcement
section 36	Confidentiality
section 37	Court records
section 38	Personal information
section 39	Health, safety and the environment
section 40	Audit functions
section 41	Communications with Her Majesty etc and honours

The Scottish Information Commissioner's website provides a range of comprehensive guidance on the exemptions plus the results of Appeals over both the use of the exemptions and the handling of information requests.