Annexe B - How we will apply the public interest and substantial harm tests to exemptions

Annexe A shows, exemption by exemption, whether the public interest and substantial harm tests are applied to information falling under the exemptions. This annexe sets out what each test means:

If Annexe A shows that an exemption is qualified, and that we will apply the public interest test and the substantial harm test, we will only rely upon the exemption if disclosing the information would cause or be likely to cause substantial harm to the purpose which the exemption aims to protect. Even if disclosure would cause or be likely to cause such substantial harm, we will not rely upon the exemption unless that harm outweighs the public interest in disclosure of the information;
If Annexe A shows that an exemption is qualified, and that we will apply only the public interest test, it means that we will only rely upon the exemption if the public interest in withholding the information for the purpose that the exemption aims to protect, outweighs the public interest in disclosing the information;
If Annexe A shows that an exemption is absolute, and that we will apply the substantial harm test, it means that we will only rely on the exemption if disclosing the information would cause or be likely to cause substantial harm to the purpose which the exemption aims to protect;
If Annexe A shows that an exemption is absolute, and that we will apply neither the public interest test nor the substantial harm test, it means that we will rely on that exemption and not disclose the information.

6/9/2005