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Can I get access to any information?

Any official information held by Roads Service can be sought under the Act. However, certain information is exempt and these are set out in the legislation. The absolute exemptions are:

  • information reasonably accessible to the public by other means
  • information directly or indirectly supplied to the public authority by certain bodies dealing with security matters, including GCHQ and the Security Service
  • Court and associated records
  • information subject to Parliamentary privilege
  • information held by either House of Parliament whose disclosure would prejudice the effective conduct of public affairs
  • personal information where the applicant is the data subject or, in some circumstances, the data relates to another individual
  • information provided in confidence
  • information prohibited from disclosure under other laws, obligations or where it would involve a contempt of court

Where exemptions are not absolute exemptions they can only be relied upon by the public authority if the public interest in maintaining the exemption outweighs the public interest in the disclosure of the information. The exemptions subject to these rules include:

  • information intended for future publication
  • information other than that falling within Section 23, which is required for safeguarding national security
  • information likely to prejudice the defence of the British Isles, any colony or the capability, effectiveness or security of the armed forces

They also cover information which would prejudice or be likely to prejudice the economic interests of the UK; that which would prejudice or be likely to prejudice certain law enforcement matters; legal professional privilege and trade secrets or information which would or would be likely to prejudice the commercial interests of any person (including the holding public authority).