HSC Guidance states that :

"Examples of the type of information covered by this exemption might include information relating to HSC/HSE research projects, which it would be inappropriate to publish until the project had been completed, or statistical information which is usually published to a specific timetable (annually, quarterly etc) such as the HSC/HSE annual reports, offences and penalties report."

Section 30: Investigations And Proceedings Conducted By Public Authorities
Section 30 is concerned primarily with preserving the integrity of certain proceedings and investigations which public authorities have the power or duty to conduct. There are two ways in which the application of section 30 may be triggered:

This is an important qualified exemption for the HSE. It's guidance states:

"In balancing public interest considerations HSE will need to consider in particular:
• the potential effects of a disclosure and
• the nature and seriousness of the matter being pursued."

Section 31: Law Enforcement
This section is concerned with protecting a wide range of law enforcement interests and its application turns on whether disclosure would be likely to prejudice those interests.

Some interests that are protected by section 31 are drawn quite widely, for example: the administration of justice, the prevention or detection of crime and the operation of immigration controls. But section 31 also applies where the exercise by any public authority of certain specified functions would be prejudiced by disclosure. Those functions include: ascertaining whether a person is responsible for improper conduct, determining the cause of an accident and ascertaining a person's fitness to carry on a profession. Section 31 only applies in cases where the information does not fall within section 30;

Section 35: Formulation Of Government Policy
Section 35 is aimed at protecting the government policy-making process and its proper use is essential to ensuring the delivery of effective government. Section 35 applies to information which relates to:

Section 35 can only be used by government departments or the National Assembly for Wales. Once a policy decision has been taken, statistical information that was used to inform the decision will no longer be protected only on the grounds that it relates to government policy or ministerial communications. Section 35(4) indicates that there is a particular public interest in the disclosure of factual information which is used to inform policy decisions.

the Government has produced 'working assumption' guidance in relation to particular types of requests under this sub-exemption.

Section 36: Prejudice To Effective Conduct Of Public Affairs
Section 36 exempts information whose disclosure would be likely to have any the following effects:

Section 36 can only be used if, in the reasonable view of a "qualified person", disclosure of the requested information would have one of the specified prejudicial effects.

Section 39: Environmental Information
Section 39 exempts environmental information whose disclosure is governed by the Environmental Information Regulations 2004. The Environmental Information Regulations 2004 implement an European Directive and establish a specific regime to enable individuals to access environmental information, including exemptions from that right of access. The disclosure of environmental information must be considered under the Environmental Information Regulations: section 39 therefore exempts this from the rights of access under the FOI Act. The Environmental Information Regulations 2004 may require the disclosure of information which would otherwise have been exempt under the FOI Act.

Section 42: Legal Professional Privilege
Section 42 applies to information that would be subject to legal professional privilege if litigation were in progress. Legal professional privilege covers confidential communications between lawyers and clients and certain other information that is created for the purposes of litigation. Section 42 ensures that the confidential relationship between lawyer and client is protected. Whether information is subject to legal professional privilege is a question of law. Government guidance states that: “Section 42 is subject to a public interest balance. But, given the very substantial public interest in maintaining the confidentiality of legally professionally privileged material, it is likely to only be in exceptional circumstances that this will be outweighed by the public interest in disclosure.”

Section 43: Commercial Interests
Section 43 exempts information whose disclosure would be likely to prejudice the commercial interests of any person. It also includes a specific exemption for trade secrets. Section 43 protects not only the commercial interests of third parties but also the commercial interests of the public authority that holds the information. Government Guidance says that “Public authorities will need to bear in mind that the commercial sensitivity (particularly the market sensitivity) of information will usually decrease with time”

HSC's guidance indicates that the commercial interets of HSC, HSE or HSL (Laboratory). The guidance states as follows:

"This is a qualified prejudiced-based exemption. So the test for the exemption is whether or not our commercial interests, or those of any other person would or may be prejudiced by disclosure. In order to assess whether or not disclosure could prejudice commercial interests it is necessary to identify the interests themselves and how disclosure might prejudice them, and whose interests they are. HSE’s commercial interests might, for example, be prejudiced where a disclosure would be likely to damage its business reputation or the confidence that our stakeholders may have in us, or have a detrimental impact on our ability to carry out our statutory functions. A simple assertion by a person that there would be prejudice to their interests is not sufficient to engage the exemption. It will need to be supported by reasons and ideally, pragmatic evidence. Where there is any possibility that disclosure would prejudice the interests of either a stakeholder or a third party, we must consider an approach to that third party with a view to establishing their willingness or ability to waive or mitigate that prejudice or set down reasons for not doing so. The decision whether to disclose however must be taken by HSE."