Why are freedom of information requests refused?

Because the Freedom of Information Act contains a set of exemptions, some absolute and some qualified — and the majority of refusals rely on a small number of them.

The basic right. Anyone, anywhere, may request recorded information held by a public authority. You need not give a reason, and your identity and motive are generally irrelevant — requests are applicant blind.

The two kinds of exemption:

Absolute exemptions — no public interest test applies. These include information accessible by other means, personal data of third parties, information provided in confidence, and court records.

Qualified exemptions — the authority must additionally show the public interest in withholding outweighs the public interest in disclosure. The default favours disclosure, and the authority must justify withholding.

The exemptions most commonly relied on:

Section 40 — personal data. Information about identifiable individuals, which engages data protection law. Frequently applied to names of junior staff, while senior officials acting in a public capacity generally have less protection.

Section 41 — information provided in confidence by a third party.

Section 43 — commercial interests, which is the one most frequently disputed, particularly over contracts and procurement.

Section 36 — prejudice to effective conduct of public affairs, requiring the opinion of a qualified person.

Section 22 — intended for future publication.

Section 12 — cost. If compliance would exceed a cost limit — currently defined by reference to staff time at a set rate — the authority may refuse. This is the most common practical obstacle, and it is why narrow requests succeed where broad ones do not.

Section 14 — vexatious requests, which has a genuine threshold and is sometimes applied too readily.

What is not a valid reason to refuse: that the information would embarrass the authority; that you might misuse it; or that you did not explain why you want it.

What to do when refused:

Request an internal review, which is the required first step.

Complain to the Information Commissioner, which is free and can order disclosure.

Appeal to the First-tier Tribunal.

How to improve your chances: be specific; ask for information rather than for answers to questions, since the Act covers recorded information and does not require authorities to create it; and split large requests.

General information, not legal advice.