The EIR exceptions follow a similar trajectory to the FOI exemptions, attempting to protect similar areas of sensitivity – vexatious requests, internal discussions, formal investigations and commercially sensitive information. There are common themes – the public interest test and often, the need to show that disclosure will result in an adverse effect. But the two are not the same. Sometimes EIR exceptions have a slight textual difference from their FOI cousins, and sometimes, they’re very different. Certain refusals that FOI allows for are not possible under EIR and vice versa. So let’s find out what they are.

This is a practical, entertaining course that will give you a thorough grounding in how the refusal process for EIR works.

Session includes how the exceptions apply to a wide range of scenarios:

• how to apply the public interest test

• How elastic can ‘manifestly unreasonable’ be?

• When you can refuse to disclose drafts and unfinished material (what about published in the future?)

• Internal discussions and policy making

• Legal advice and legal proceedings

• Enforcement and criminal investigations, including the use of formal civil enforcement powers, public enquiries and formal meetings like council meetings

• Intellectual property and commercial confidence

• When you can withhold personal data about staff, politicians and members of the public including those who are the subject of complaints or investigations, and those who have made those complaints

• Neighbour disputes