How to refuse an FOI request
Disclosure is the default: when someone makes an FOI request, generally the answer is that you give them the data they’ve asked for (assuming you’ve got it).
But sometimes, there are good reasons to refuse. A request may be vexatious. There could be harm to other people in disclosing the requested data, or it could prevent your organisation from carrying out its functions. It might not be in the public interest for the data to be released. Sometimes, you need to say no and this course is designed to show you how.
This course isn’t the traditional run through the exemptions – instead, we’ll focus on the key, transferable concepts that underpin legitimate refusals. We’ll examine the basic requirement to match information to the exemption, how to apply the public interest test (including the need to avoid generic arguments) and the way in which to demonstrate prejudice. By understanding these elements, it doesn’t matter what harm or damage you’re trying to avoid; you’ll be able to apply the appropriate exemption. All of this will be illustrated by real examples from how the Information Commissioner is dealing with complaints right now.