interest test) Information which (a) the applicant could obtain under the Data Protection Act 1998; or (b) where release would breach the data protection principles. (s.40) Information provided in confidence (s.41) When disclosing the information is prohibited by an enactment; incompatible with a European Union obligation; or would commit a contempt of court (s.44) Qualified exemptions If information falls within a qualified exemption, it must be subject to a public interest test. Thus, a decision on the application of a qualified exemption operates in two stages. First, a public authority must determine whether or not the information is covered by an exemption and then, even if it is covered, the authority must disclose the information unless the application of a public interest test indicated that the public interest favours non-disclosure. Qualified exemptions can be subdivided into two further categories: class-based exemptions covering information in particular classes, and harm-based exemptions covering situations where disclosure of information would be liable to cause harm. Class-based exemptions Information intended for future publication (s.22) Information which does not fall within s. 23(1) is exempt if required for the purpose of safeguarding national security (s.24) Information held for purposes of investigations and proceedings conducted by public authorities (s.30) Information relating to the formation of government policy, ministerial communications, advice from government legal officers, and the operation of any ministerial private office (s.35) Information that relates to communications with members of the Royal family, and conferring honours (s.37) Prevents overlap between FoI Act and regulations requiring disclosure of environmental information (s.39) Information covered by professional legal privilege (s.42) Trade secrets (s.43(1)) Harm-based exemptions Under these exemptions the exemption applies (subject to the public interest test) if complying with the duty under s.1 would or would be likely to: Prejudice defence or the capability, effectiveness or security of any relevant forces (s.26) Prejudice international relations (s.27) Prejudice relations between any administration in the United Kingdom and any other such administration (s.28) Prejudice the economic interests of the UK (s.29) Prejudice law enforcement (e.g., prevention of crime or administration of justice, etc.) (s.31) Prejudice the auditing functions of any public authorities (s.33) In the reasonable opinion of a qualified person: prejudice the effective conduct of public affairs; prejudice collective responsibility, or inhibit the free and frank provision of advice or exchange of views (s.36) Endanger physical or mental health, or endanger the safety of the individual (s.38) Prejudice commercial