Exemptions
Presentation
The right to information is not an absolute right. Access to certain information – such as private information about a third party or sensitive national security information – may be refused.
Exemptions (or exceptions) allow the withholding of certain categories of information. Limited exemptions mean that such withholding must be based on narrow, proportionate, necessary and clearly defined limitations.
Exceptions should apply only where there is a risk of substantial harm to the protected interest and where the harm is greater than the overall public interest in having access to the information. Institutions should provide reasons for any refusal to provide access to information.
Several permissible exemptions include:
- national security;
- international relations;
- public health and safety;
- the prevention, investigation and prosecution of legal wrongs;
- privacy;
- legitimate commercial and other economic interests;
- management of the economy;
- fair administration of justice and legal advice privilege;
- conservation of the environment;
- legitimate policy making and other operations of public institutions.
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