FOIA Section 21 Exemption

Section 21: Information Accessible By Other Means

Section 21 applies to information that is already reasonably accessible to the applicant. It recognises that the right of access under the Freedom of Information Act 2000 is supplementary to the very many ways in which public authorities already provide information to members of the public. For example, section 21 will apply if information is included on a public authority's publication scheme or if the public authority is under a statutory obligation to give out the information to members of the public on request.

Key points

• The question is whether the information is reasonably accessible to the applicant: public authorities need to be alert to any attributes of an individual applicant which may mean that information is more or less accessible to him than it is to the public at large;
• Section 21 may apply even if a fee is charged for supplying the information;
• There is no exclusion in section 21 of the duty to confirm or deny whether information is held. Even if information is exempt under section 21, public authorities may still have to tell the applicant whether or not they hold the information requested.
• Section 21 is not subject to any public interest balance.

Official Guidance

• DCA Guidance: http://www.dca.gov.uk/foi/guidance/exguide/sec21/index.htm
• ICO Guidance: [guidance 6 - information reasonably accessible by the applicants]

Related Information Commissioner / Information Tribunal Decision notices

tbc