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FOI redaction exemption codes: label every redaction

FOI redaction exemption codes are, in practice, the section numbers of the Freedom of Information Act 2000: section 40 for personal information, section 43 for commercial interests, and so on. When you withhold part of a document, the law requires your refusal notice to name the exemption and say why it applies. The ICO also asks you, where possible, to show which exemption covers each removed section. This guide is for UK officers: the statute, the good practice, and how to put both on the page and in the case file. For the basics of any redaction reason, see how to justify redactions.

FOI redaction exemption codes are sections of FOIA 2000

The exemptions are in Part II of the Freedom of Information Act 2000, sections 21 to 44. Each is a section with its own title, for example:

  • s. 40 Personal information
  • s. 41 Information provided in confidence
  • s. 42 Legal professional privilege
  • s. 43 Commercial interests

The “code” on a redaction is that section number. Some exemptions are absolute; others are qualified and need a public interest test. Cite the section the redaction rests on, as the Act numbers it.

What a refusal notice must say (s. 17)

Withholding part of a document is a refusal for that part. Under section 17(1), a public authority relying on an exemption must give the applicant a notice which:

  • “states that fact,”
  • “specifies the exemption in question, and”
  • “states (if that would not otherwise be apparent) why the exemption applies.”

For a qualified exemption, section 17(3) adds the reasons why the public interest in maintaining the exemption outweighs the public interest in disclosure. The ICO’s guidance on the refusal notice also asks you to explain any internal review procedure and the requester’s right to complain to the ICO.

Show which exemption covers each redaction

The statute asks for the exemption in the notice. Marking it on each redaction is good practice, set out by the ICO in the same guidance: “Give an indication of how much text you have redacted and where from. If possible, indicate which sections you removed using which exemption.”

A label on the cover does exactly that. The requester sees what was withheld, where, and under which section, without reading the notice side by side with the document.

Redact a copy, record the reason

The National Archives’ redaction toolkit adds two habits, also good practice:

  • Always redact a copy, never the original record. The original keeps its full text; the copy is what you release.
  • Record your decisions. Note precise details of what was removed, which “need not describe the content” but show the place, such as “paragraph 2 of page 4”. Note the reason, too: “If one or more FOI exemptions apply, these should all be noted, along with the particular reasons that apply in each case.”

The ICO adds a third: keep a copy of both the redacted and unredacted versions, so you know what you released if the requester complains.

Scotland: FOISA 2002

Scottish public authorities work under the Freedom of Information (Scotland) Act 2002. Its exemptions are in Part 2, sections 25 to 41, with personal information in section 38. Its refusal notice, under section 16(1), must likewise specify the exemption in question and state, if not otherwise apparent, why it applies. Cite FOISA’s section numbers, not FOIA’s.

Exemption labels on the cover, a log for the case

In Dress Docs, each cover can carry its reason, printed on the cover itself: your own wording, or an entry from an exemption set for information-access requests. Check every label against the Act; whether the exemption applies in the case is your decision. The label is part of the same flat image as the cover, and nothing under it stays readable.

The redaction log records what you removed, where and why: covers, reasons, pages and date, with no content from the document. You save it to your own files, for the case. More in the redaction log. Your original stays on your device, next to the clean copy you export. The German law handles the same question in its own way: German Freedom of Information Act redaction.

Exemption labels and the log are in Pro, Team and Organization (see pricing). For your data protection and IT review: read the compliance pack.

This article is not legal advice. Whether an exemption applies in a given case is your authority’s decision.

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