Meeting notes, minutes and correspondence
Mr Kane requested from the Water Industry Commission for Scotland (WICS) various board papers, meeting notes, minutes, correspondence and other records. WICS responded by providing some information to Mr Kane (including summaries of information held), while stating that other information was either not held or exempt from disclosure in terms of various sections of FOISA. Following a review, Mr Kane remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that, while WICS did not hold some of the information, and while WICS had correctly withheld certain information in terms of sections 30(b)(ii) and 36(1) of FOISA, it had partially failed to deal with Mr Kane’s requests for information in accordance with Part 1 of FOISA.
The Commissioner found that by providing summaries which failed to accurately provide the information held and by incorrectly withholding other information under section 30(c) of FOISA (not being satisfied that the disclosure of this information would, or would be likely to, cause prejudice to the effective conduct of public affairs in the ways WICS had claimed), WICS failed to comply with section 1(1). The Commissioner required WICS to provide the information to Mr Kane.
Citations:
[2011] ScotIC 140 – 2011
Links:
Scotland, Information
Updated: 23 September 2022; Ref: scu.447344