Other considerations and further reading

Other considerations

You might also want to consider the following exceptions:

• regulation 12(4)(d) if the information is in draft form or is otherwise unfinished or incomplete;
• regulation 12(5)(b) if the information includes legal advice from in-house lawyers;
• regulation 12(5)(d) if disclosure would adversely affect the confidentiality of formal proceedings of a public authority;
• regulation 12(5)(e) if the information is commercial and confidential and disclosure would harm the legitimate economic interests of the public authority.

This guidance relates only to the EIR. If the information is not environmental information, the EIR are not relevant. Instead, you need to consider exemptions under FOIA.

The most relevant FOIA exemptions for internal communications are:

• section 35: formulation and development of government policy; or
• section 36: prejudice to effective conduct of government affairs.

For internal legal advice, consider section 42, legal professional privilege.