Publication Scheme - Exemptions

North Lanarkshire Council's aim is to be as open as possible and the Council will continue to try to add as much as possible to the information covered by the Publication Scheme. If any of the information covered within the Publication Scheme falls within an exempt category under the Freedom of Information (Scotland) Act 2002 the information will be published without the exempt sections.

The Act provides for only a small number of exceptions to the general right to access information. These are detailed in the Act and fall into two categories � categories of information which are absolutely exempt and categories of information which may be exempt, but only if the public interest in disclosing the information is not outweighed by the public interest in maintaining the exemption and not providing the information.

Absolute exemptions are:

Section 25

Information which the applicant can reasonably obtain by other means

Section 26

Information the disclosure of which

is prohibited by or under an enactment

is incompatible with a community obligation, or

would constitute or be punishable as a contempt of court.

Section 36(2)

Information which was obtained from another person and the disclosure of which would constitute a breach of confidence actionable by that person or any other person.

Section 37

Court records.

Section 38(1)(a)

Personal data of which the applicant is a data subject.

Section 38(1)(c)

Personal census information.

Section 38(1)(d)

A deceased person's health record.

Section 38(1)(b)

Information the disclosure of which is prohibited under the Data Protection Act 1998

The information which is subject to the public interest test is:

Section 27

Information which is intended for future publication including information obtained as part of a programme of research and the disclosure of which before the date of publication would substantially prejudice the programme, an individual participating in the programme or the authority which holds the information.

Section 28

Information which could prejudice substantially relations between any administration in the United Kingdom and any other administration � administration being the Government of the United Kingdom, the Scottish Administration, the Executive Committee of the Northern Ireland Assembly or the National Assembly for Wales.

Section 29

Formulation or development of Scottish administration policy

Section 30

Information the disclosure of which would substantially prejudice the effective conduct of public affairs � including the convention of collective responsibility of the Scottish Ministers, the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation.

Section 31

Information relating to national security and defence � including information the disclosure of which could prejudice substantially the defence of the British Islands or of any colony or the capability, effectiveness or security of any relevant forces.

Section 32

Information the disclosure of which could severely prejudice international relations.

Section 33

Information the disclosure of which could prejudice substantially commercial interests or the economy.

Section 34

Investigations by Scottish public authorities and proceedings arising out of those investigations.

Section 35

Information the disclosure of which could prejudice substantially law enforcement.

Section 36

Information in respect of which a claim to confidentiality of communication could be maintained in legal proceedings

Section 39

Health, safety and the environment

Section 40

Information the disclosure of which could prejudice substantially a Scottish public authority's audit functions.

Section 41

Communications with Her Majesty, other members of the Royal Family or with the Royal Household in relation to the Royal Prerogative of Honour

Full details relating to exempt information are contained in Section 2 of the Act and Part 2 of the Act (Sections 25-41).