Mr and Mrs Ellis requested from the Scottish Ministers (the Ministers) a copy of a report to Ministers and related information. The Ministers responded by providing some information to Mr and Mrs Ellis, but withheld the remainder under section 39(2) of FOISA (on the basis that it was environmental information and therefore subject to the EIRs) and regulations 10(4)(e) and 10(5)(d) of the EIRs. Following a review (which resulted in the release of some further information) Mr and Mrs Ellis remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Ministers had dealt with Mr and Mrs Ellis’s request for information in accordance with Part 1 of FOISA and the EIRs, in particular by withholding the information as internal communications under regulation 10(4)(e) of the EIRs. He did not require the Ministers to take any action.
Citations:
[2008] ScotIC 147 – 2008
Links:
Jurisdiction:
Scotland
Information
Updated: 19 July 2022; Ref: scu.434250