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Glasgow City Council v Scottish Information Commissioner: SCS 30 Sep 2009

‘These appeals raise important questions as to the interpretation and application of the Freedom of Information (Scotland) Act 2002. In particular, questions arise as to what is meant by ‘information’, as that term is used in the Act; as to who is to be treated as the ‘applicant’, as that term is used in the … Continue reading Glasgow City Council v Scottish Information Commissioner: SCS 30 Sep 2009

Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006

The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006

Beggs v The Scottish Information Commissioner: SCS 3 Mar 2015

The claimant had requested information about the Scottish Prison Service. He now complained after an order which said that the remaining undisclosed information was readily available from alternate sources. Lord Carloway LJC [2015] ScotCS CSIH – 17 Bailii Freedom of Information (Scotland) Act 2002 1 Scotland, Information Updated: 28 December 2021; Ref: scu.544198

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

The Independent Parliamentary Standards Authority v The Information Commissioner and Another: CA 28 Apr 2015

A journalist had requested the appellant who published the claims made by Members of Parliament for expenses to its website had requested in addition copies of the receipts produced by the MPs to justify three claims. The Authority provided a narrative from the receipts but declined to provide copies. The information Commissioner, and tribunals required … Continue reading The Independent Parliamentary Standards Authority v The Information Commissioner and Another: CA 28 Apr 2015

Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Rule and Scottish Ministers: SIC 3 Feb 2012

This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr David Rule. Citations: [2012] ScotIC 023 – 2012) Links: Bailii Statutes: Freedom of Information (Scotland) Act 2002 Jurisdiction: Scotland Information Updated: 12 November … Continue reading Rule and Scottish Ministers: SIC 3 Feb 2012

Meikle and Scottish Ministers: SIC 20 Feb 2014

Bute House accommodation – benefit in kind: failure to respond within statutory timescales – On 5 November 2013, Mr Meikle made a request to the Scottish Ministers (the Ministers) asking if the First Minister’s residence (Bute House) is treated as a ‘benefit in kind’. This decision finds that the Ministers failed to respond to the … Continue reading Meikle and Scottish Ministers: SIC 20 Feb 2014

N and Scottish Ministers: SIC 4 Oct 2012

SIC Scottish implementation of the LS/CMI risk assessment tool – Mr N asked the Scottish Ministers (the Ministers) for the information they held on the Scottish implementation of the Level of Service/Case Management Inventory risk assessment tool. The Ministers advised Mr N that the cost of complying with the request would exceed andpound;600 and that … Continue reading N and Scottish Ministers: SIC 4 Oct 2012

M and Aberdeen City Council: SIC 17 Oct 2012

This decision considers whether Aberdeen City Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr M. Citations: [2012] ScotIC 170 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 10 November 2022; Ref: scu.466901

Bourne v City of Edinburgh Council: SIC 18 Jun 2014

SIC Risk Register for Edinburgh Tram Project: failure to respond within statutory timescales – On 15 February 2014, Mrs Bourne asked City of Edinburgh Council (the Council) for information about the detailed risk register for versions of the Business Cases from 2003 to 2011. This decision finds that the Council failed to respond to the … Continue reading Bourne v City of Edinburgh Council: SIC 18 Jun 2014

K and Scottish Criminal Cases Review Commission: SIC 16 May 2012

SIC This decision considers whether the Scottish Criminal Cases Review Commission (the SCCRC) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr K. Citations: [2012] ScotIC 087 – 2012) Links: Bailii Jurisdiction: Scotland Information Updated: 31 October 2022; Ref: scu.459799

Tom Gordon and Scottish Ministers: SIC 11 May 2012

SIC Internal audit reports relating to the Learning and Justice Directorate – Mr Tom Gordon of the Sunday Herald (Mr Gordon) asked the Scottish Ministers (the Ministers) for all of the information contained in 15 internal audit reports relating to their Learning and Justice Directorate and its predecessor directorates. The Ministers responded by withholding all … Continue reading Tom Gordon and Scottish Ministers: SIC 11 May 2012

Kerr v Dumfries and Galloway NHS Board: SIC 18 Feb 2014

Staff attendance sheets, training and annual leave dates – On 7 February 2013, 30 March 2013 and 6 September 2013, Mr Kerr asked Dumfries and Galloway Health Board (NHS Dumfries and Galloway) for various items of information relating to the authority’s staff. NHS Dumfries and Galloway withheld information on the basis that the information was … Continue reading Kerr v Dumfries and Galloway NHS Board: SIC 18 Feb 2014

Brian Purdie and Inverclyde Council: SIC 3 May 2012

SIC Inverclyde Council Future Operating Model – Mr Purdie requested from Inverclyde Council (the Council) information relating to the investigation by the Council into the implementation and management of its Future Operating Model. The Council responded, disclosing some of the requested information, but withholding other information on the basis that its disclosure would prejudice substantially … Continue reading Brian Purdie and Inverclyde Council: SIC 3 May 2012

The Applicant and Scottish Prison Service: SIC 9 Dec 2020

The Applicant asked the Scottish Prison Service (SPS) for information about: prisoners’ mental welfare; health and safety incidents; prisoner assaults and complaints of bullying at HMP Edinburgh from January to July 2020. This decision finds that the SPS failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act … Continue reading The Applicant and Scottish Prison Service: SIC 9 Dec 2020

The Applicant and Greater Glasgow and Clyde Health Board: SIC 9 Dec 2020

The Applicant asked Greater Glasgow and Clyde Health Board (NHSGGC) for information about an anti-libidinal drugs trial. This decision finds that NHSGGC failed to respond to the requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The Commissioner has ordered NHSGGC to comply with the requirement for review. … Continue reading The Applicant and Greater Glasgow and Clyde Health Board: SIC 9 Dec 2020

The Applicant and Scottish Ministers: SIC 5 Nov 2020

The Applicant asked the Scottish Ministers (the Ministers) if a plan had been prepared for Scotland to deal with an epidemic or pandemic and, if so, what provisions had been put in place. The Ministers were also asked if the plan ‘Exercise Cygnus’ produced by the UK Government had been provided to them and, if … Continue reading The Applicant and Scottish Ministers: SIC 5 Nov 2020

Mackenzie and Scottish Executive: SIC 30 Jan 2006

Requests for all information held by the Minister for Justice and the Access to Justice Division of the Scottish Executive which relates to Mr Mackenzie – whether exempt under section 38(1)(a) of the Freedom of Information (Scotland) Act 2002 – personal information Citations: [2006] ScotIC 009 – 2006 Links: Bailii Jurisdiction: Scotland Information Updated: 05 … Continue reading Mackenzie and Scottish Executive: SIC 30 Jan 2006

G v Scottish Legal Complaints Commission: SIC 14 Dec 2011

Identity and relationship of decision-makers – Mr G requested from the Scottish Legal Complaints Commission (the SLCC) information as to whether a named person was personally acquainted with certain decision-makers and/or members of the SLCC board, and also the identities of those involved in making a particular decision. The SLCC did not respond and Mr … Continue reading G v Scottish Legal Complaints Commission: SIC 14 Dec 2011

Tom Gordon and Scottish Ministers: SIC 6 Feb 2012

SIC This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Gordon Citations: [2012] ScotIC 024 – 2012) Links: Bailii Scotland, Information Updated: 05 October 2022; Ref: scu.451527

Ewen of The Evening Express and Chief Constable of Grampian Police: SIC 23 Feb 2006

Request for information about the number of drivers caught speeding at each fixed camera location in Grampian in 2004/05 – withheld on the basis of section 35(1)(a)and (b) of the Freedom of Information (Scotland) Act 2002 (FOISA) – law enforcement – section 39(1) of FOISA – health and safety Citations: [2006] ScotIC 030 – 2006 … Continue reading Ewen of The Evening Express and Chief Constable of Grampian Police: SIC 23 Feb 2006

Mclean and City of Edinburgh Council: SIC 23 Aug 2011

Compliance with timescales – This decision considers whether the City of Edinburgh Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr McLean. Citations: [2011] ScotIC 177 – 2011 Links: Bailii Scotland, Information Updated: 23 September 2022; Ref: scu.447360

Ralph Lucas and University of Glasgow: SIC 8 Aug 2011

Information relating to graduating students – Mr Ralph Lucas requested from the University of Glasgow (the University) statistical data relating to certain students who had graduated from the University in the academic years 2006/7 to 2008/9 inclusive. The University responded by advising Mr Lucas that it considered the information to be exempt from disclosure in … Continue reading Ralph Lucas and University of Glasgow: SIC 8 Aug 2011

Irvine and South Lanarkshire Council: SIC 24 May 2011

Departure of a member of staff – Mr Mark Irvine (Mr Irvine) requested from South Lanarkshire Council (the Council) information regarding the early retiral of a particular employee. The Council responded by providing some information, but it maintained that it was not obliged to comply with some parts of the request, on the grounds that … Continue reading Irvine and South Lanarkshire Council: SIC 24 May 2011

Benson and Glasgow Caledonian University: SIC 24 May 2011

Suspension of staff – Mr Ian Benson (Mr Benson) asked Glasgow Caledonian University (the University) for information as to the number of staff suspended. The University responded by advising Mr Benson in terms of section 14(2) of the Freedom of Information (Scotland) Act 2002 (FOISA) that it was not obliged to comply with this request … Continue reading Benson and Glasgow Caledonian University: SIC 24 May 2011

Blyth v Glasgow City Council: SIC 24 May 2011

Type of engines in licensed taxis – Mr Ross Blyth (Mr Blyth) asked Glasgow City Council (the Council) for information as to the number of licensed taxis in the Glasgow area that have particular types of engines. The Council responded by giving Mr Blyth a notice under section 17 of the Freedom of Information (Scotland) … Continue reading Blyth v Glasgow City Council: SIC 24 May 2011

Bobby Park v Glasgow City Council: SIC 11 May 2011

SIC Copy of a contract – Mr Bobby Park (Mr Park) requested from Glasgow City Council (the Council) a copy of a contract. The Council withheld the information on the grounds that it was exempt from disclosure under sections 30(c) and 33(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, the … Continue reading Bobby Park v Glasgow City Council: SIC 11 May 2011

Milne v Angus Council: SIC 13 Dec 2005

Facts Mr Milne wrote to Angus Council requesting all of the information that related to him, including minutes of meetings, internal memos, correspondence and e-mails. Mr Milne was informed on a number of occasions that his request constituted a request for personal information about himself and should be dealt with under the Data Protection Act … Continue reading Milne v Angus Council: SIC 13 Dec 2005

Milne v Chief Constable of Tayside Police: SIC 15 Dec 2005

SIC Request for information relating to the applicant – information exempt under section 38(1)(a) of the Freedom of Information (Scotland) Act 2002 – personal information – failure to respond to the request within the 20 working day timescale set out in section 10(1) of the Act – failure to respond to the request for review … Continue reading Milne v Chief Constable of Tayside Police: SIC 15 Dec 2005

P and Dumfries and Galloway Council: SIC 7 Nov 2005

SIC Failure to respond to request for information and request for review – request for personal data about the applicant – section 38(1)(a) of the Freedom of Information (Scotland) Act 2002 (FOISA) – failure to respond to request for information within timescale required by section 10 of FOISA – failure to respond to request for … Continue reading P and Dumfries and Galloway Council: SIC 7 Nov 2005

Uprichard v Fife Council: SIC 21 Nov 2005

Request for information relating to a planning application made to Fife Council – Failure of Fife Council to respond to an information request and subsequent request for review within the statutory timescales set out in the Freedom of Information (Scotland) Act 2002 Citations: [2005] ScotIC 049 – 2005 Links: Bailii Statutes: Freedom of Information (Scotland) … Continue reading Uprichard v Fife Council: SIC 21 Nov 2005

Mclean, Chief Executive of Argyll Group Plc and Caledonian MacBrayne Limited: SIC 22 Nov 2005

Refusal to provide a copy of the general arrangement plans of the MV Bute Request for plans of a ferry currently in service – health and safety – section 39 of the Freedom of Information (Scotland) Act 2002 (FOISA) – whether release would prejudice substantially the commercial interests of any person – section 33 of … Continue reading Mclean, Chief Executive of Argyll Group Plc and Caledonian MacBrayne Limited: SIC 22 Nov 2005

Uprichard v Fife Council: SIC 15 Aug 2006

Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – Correspondence submitted in consultation on proposed upgrade of Lade Braes to multi-user path status – personal information section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA) Citations: [2006] ScotIC 153 – 2006 Links: Bailii Statutes: Freedom of Information … Continue reading Uprichard v Fife Council: SIC 15 Aug 2006

Blane and Scottish Borders Council: SIC 15 Nov 2006

Information relating to work related sick leave in Scottish Borders Council – failure to respond to the request in line with the Freedom of Information (Scotland) Act 2002 – whether the information requested is held Citations: [2006] ScotIC 207 – 2006 Links: Bailii Scotland, Information Updated: 08 September 2022; Ref: scu.434705

Milne v Chief Constable of Tayside Police: SIC 26 Jun 2006

SIC Failure to deal with request or review – Failure of the Chief Constable of Tayside Police to respond to a request for information and to a request for a review within the statutory timescales set out in the Freedom of Information (Scotland) Act 2002. Citations: [2006] ScotIC 124 – 2006 Links: Bailii Scotland, Information … Continue reading Milne v Chief Constable of Tayside Police: SIC 26 Jun 2006

Uttley and The University of Edinburgh: SIC 25 Jul 2006

Information about Thomas Hamilton’s post mortem – whether the information is held for the purposes of the Freedom of Information (Scotland) Act 2002 by the University of Edinburgh – information not held Citations: [2006] ScotIC 138 – 2006 Links: Bailii Statutes: Freedom of Information (Scotland) Act 2002 Scotland, Information Updated: 08 September 2022; Ref: scu.434637

Cooper v Aberdeen City Council: SIC 13 Mar 2006

SIC Request for a copy of a report commissioned by Aberdeen City Council – withheld on the basis of section 38(1)(b) (personal information) and section 36(2) (actionable breach of confidence) of the Freedom of Information (Scotland) Act 2002 (FOISA) – Commissioner held report exempt under section 30(c) of FOISA Citations: [2006] ScotIC 039 – 2006 … Continue reading Cooper v Aberdeen City Council: SIC 13 Mar 2006

McGregor v Common Services Agency of The Scottish Health Service: SIC 2 Jul 2007

SIC Request for data on medical negligence claims – section 30(c), section 33(1)(b) and section 36(1) applied – public interest considered Citations: [2007] ScotIC 098 – 2007 Links: Bailii Statutes: Freedom of Information (Scotland) Act 2002 1 2, The Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 Scotland, Information, Health Professions Updated: 08 … Continue reading McGregor v Common Services Agency of The Scottish Health Service: SIC 2 Jul 2007

Peterson v Shetland Islands Council: SIC 15 Dec 2008

Failure to respond to a request for information and requirements for review within the required timescales – This decision considers whether Shetland Islands Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to information requests made by Mr Peterson. The Council failed to respond to … Continue reading Peterson v Shetland Islands Council: SIC 15 Dec 2008

Loveday’s and Scottish Borders Council: SIC 8 Dec 2008

SIC Failure to respond to a request for information within the required timescales and failure to respond to a request for review. This decision considers whether Scottish Borders Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Loveday’s. Following … Continue reading Loveday’s and Scottish Borders Council: SIC 8 Dec 2008

Councillor Danny Carrigan and Lanarkshire Valuation Joint Board: SIC 8 Dec 2008

Addresses and sales dates of specific properties – Councillor Danny Carrigan (Councillor Carrigan) requested from the Lanarkshire Valuation Joint Board (the Board) the exact addresses and sales dates of the three properties whose selling price had been used to determine the council tax banding of a property inhabited by one of his constituents. The Board … Continue reading Councillor Danny Carrigan and Lanarkshire Valuation Joint Board: SIC 8 Dec 2008

Capacity Building Project and City of Edinburgh Council: SIC 8 Dec 2008

SIC Investigation into complaints against the Capacity Building Project – Summary – The Capacity Building Project (the Project) requested from the City of Edinburgh Council (the Council) copies of original letters of complaint, a list of individuals interviewed in the course of an investigation conducted by the Council and the transcripts of interviews conducted as … Continue reading Capacity Building Project and City of Edinburgh Council: SIC 8 Dec 2008

Falconer v Common Services Agency for The Scottish Health Service: SIC 22 Jul 2008

Report produced by NHS Counter Fraud Services – Mr John Falconer (Mr Falconer) requested a copy of a report prepared by NHS Scotland Counter Fraud Services (CFS) into NHS Lothian’s Laboratory Van Service from the Common Services Agency for the Scottish Health Service (the CSA). The CFS is part of the CSA. The CSA refused … Continue reading Falconer v Common Services Agency for The Scottish Health Service: SIC 22 Jul 2008

Shutt v Argyll and Bute Council: SIC 7 Aug 2008

SIC Details of grants paid for common repairs to a block of flats – Mrs Shutt requested details of the total grant and the grant per apartment paid for common repairs to a block of flats from Argyll and Bute Council (the Council). When the Council did not respond to her initial request, Mrs Shutt … Continue reading Shutt v Argyll and Bute Council: SIC 7 Aug 2008

Middleton v Dundee City Council: SIC 8 Jan 2008

SIC Request for a copy of the investigation report regarding the failure of a glass pane at the Wellgate Library, Dundee – report withheld under 35(1)(g) (read in conjunction with 35(2)(e) and 35(2)(i)) of the Freedom of Information (Scotland) Act 2002 – the Commissioner ordered the Council to disclose the report Citations: [2008] ScotIC 001 … Continue reading Middleton v Dundee City Council: SIC 8 Jan 2008

David Walker v Falkirk Council: SIC 18 Dec 2009

Council procedures – Mr David Walker asked Falkirk Council (the Council) to supply any recorded information relating to two questions arising from previous correspondence with the Council. The Council initially failed to reply, and Mr Walker asked for a review of this decision. The Council then wrote to advise Mr Walker that information relating to … Continue reading David Walker v Falkirk Council: SIC 18 Dec 2009

Croisdain Mackenzie and Comhairle Nan Eilean Siar: SIC 2 Apr 2009

SIC Mr Croisdain MacKenzie (Mr MacKenzie) requested from Comhairle nan Eilean Siar (the Council) a specified Opinion of Senior Counsel and related information. The Council provided some information, but withheld the Opinion and a summary of it in terms of section 36(1) of the Freedom of Information (Scotland) Act 2002 (FOISA), on the basis that … Continue reading Croisdain Mackenzie and Comhairle Nan Eilean Siar: SIC 2 Apr 2009

Crosbie and Scottish Public Services Ombudsman: SIC 8 Jul 2009

SIC Failure to respond to request and request for review – This decision considers whether the Scottish Public Services Ombudsman (SPSO) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request and request for review made by Mr Alan Crosbie Citations: [2009] ScotIC 076 – … Continue reading Crosbie and Scottish Public Services Ombudsman: SIC 8 Jul 2009

R and Orkney Islands Council: SIC 10 Sep 2009

Mr R requested from Orkney Islands Council (the Council) information relating to Equal Opportunities. He also asked for other information relating to him which does not form part of this Decision. The Council initially failed to respond but later responded to a request for review. It also supplied Mr R with its equal opportunity policy … Continue reading R and Orkney Islands Council: SIC 10 Sep 2009

Longden v Scottish Ministers: SIC 5 Aug 2009

SIC Failure to respond to a request within the required timescale – This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to information request made by Liz Longden. Citations: [2009] ScotIC 097 – 2009 Links: Bailii Statutes: Freedom of … Continue reading Longden v Scottish Ministers: SIC 5 Aug 2009

Conor McNally v City Building (Glasgow) Llp: SIC 14 Sep 2009

Mr McNally requested from City Building (Glasgow) LLP (CBG) information relating to improvement works carried out at a specified address. CBG responded by providing some information. However, CBG advised Mr McNally that the remainder of the information he had asked for was either not held by it, or was considered exempt in terms of section … Continue reading Conor McNally v City Building (Glasgow) Llp: SIC 14 Sep 2009

Gowans and Falkirk Council: SIC 12 Jan 2009

SIC Mr John R Gowans requested all the information Falkirk Council (the Council) held regarding the death of his son, Craig Gowans. The Council relied upon sections 34(1)(a), 34(1)(b), 34(2)(b) and 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA) to withhold all of the requested information. Following a review, in which the Council … Continue reading Gowans and Falkirk Council: SIC 12 Jan 2009

Angove v Scottish Ministers: SIC 19 Oct 2010

SIC Failure to respond to request and request for review – This decision considers whether the Scottish Ministers (the Ministers) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to the information request made by Mr Angove. Citations: [2010] ScotIC 180 – 2010 Links: Bailii Scotland, Information Updated: … Continue reading Angove v Scottish Ministers: SIC 19 Oct 2010

Collie v Common Services Agency for The Scottish Health Service: SIC 26 May 2010

SIC Childhood leukaemia statistics in Dumfries and Galloway – This decision replaces Decision 021/2005 Michael Collie and the Common Services Agency for the Scottish Health Service issued by the Commissioner in August 2005. In 2005, shortly after the Freedom of Information (Scotland) Act 2002 (FOISA) came into force, Mr Collie made an information request to … Continue reading Collie v Common Services Agency for The Scottish Health Service: SIC 26 May 2010

Quinn v Dumfries and Galloway Council: SIC 30 Mar 2010

SIC Mrs June Quinn requested from Dumfries and Galloway Council (the Council) information pertaining to a complaint that she had made against a named police officer. The Council withheld the information under a number of exemptions in Part 2 of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, in which the Council … Continue reading Quinn v Dumfries and Galloway Council: SIC 30 Mar 2010

Lauchlan v Scottish Prison Service: SIC 29 Jan 2010

Mr Lauchlan requested from the Scottish Prison Service (the SPS) copies of documents setting out SPS policy or guidance as to contact between same sex partners. The SPS responded by providing Mr Lauchlan with a notice under section 17 of the Freedom of Information (Scotland) Act 2002 (FOISA) that information relevant to his request was … Continue reading Lauchlan v Scottish Prison Service: SIC 29 Jan 2010

Jacques v Scottish Ministers: SIC 22 Feb 2010

SIC Caithness Blood Bank – Ms Jacques requested information from the Scottish Ministers (the Ministers) relating to the closure of Caithness Blood Bank. The Ministers responded by releasing some information but relied on an exemption under section 30(b)(i) of the Freedom of Information (Scotland) Act 2002 (FOISA) for withholding other information. Following a review, Ms … Continue reading Jacques v Scottish Ministers: SIC 22 Feb 2010

Fairmilehead Community Council and City of Edinburgh Council: SIC 9 Feb 2011

SIC Failure to respond to a request for review – This decision considers whether the City of Edinburgh Council complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to an information request made by the Secretary of Fairmilehead Community … Continue reading Fairmilehead Community Council and City of Edinburgh Council: SIC 9 Feb 2011

Russell and East Dunbartonshire Council: SIC 22 Sep 2011

SIC This decision considers whether East Dunbartonshire Council (the Council) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) in responding to information request made by Ms Russell. Citations: [2011] ScotIC 191 – 2011 Links: Bailii Jurisdiction: Scotland Information Updated: 16 … Continue reading Russell and East Dunbartonshire Council: SIC 22 Sep 2011

Ben Henderson and Perth and Kinross Council: SIC 5 Jan 2012

Mr Ben Henderson asked Perth and Kinross Council (the Council) for (a) information relating to the actions and practices of Building Standards staff which resulted in recent disciplinary action, and (b) information on actions or practices of staff in the past which gave reason for suspicion that Council staff, particularly those from the Building Standards … Continue reading Ben Henderson and Perth and Kinross Council: SIC 5 Jan 2012

Edwards and Scottish Ministers 140 – 2008: SIC 5 Nov 2008

This decision relates to a request from Mr Edwards for the contents of a file held by the Scottish Ministers, i.e. file IMI 2/11: Security and the Terrorist Threat. The Ministers released 13 documents from the file to Mr Edwards, five of which had been redacted. The Ministers also advised Mr Edwards that they did … Continue reading Edwards and Scottish Ministers 140 – 2008: SIC 5 Nov 2008

P and Dumfries and Galloway Council: SIC 8 Mar 2006

Request for personal data relating to the applicant – section 38(1)(a) of the Freedom of Information (Scotland) Act 2002 (FOISA) – request for personal data relating to a third party – section 38(1)(b) of FOISA – information not held – section 17 of FOISA – refusal notice as required by section 16 of FOISA – … Continue reading P and Dumfries and Galloway Council: SIC 8 Mar 2006

Sabato and Highland Health Board (204): SIC 12 Dec 2012

SIC Failure to respond to request and requirement for review – This decision considers whether Highland Health Board (NHS Highland) complied with the technical requirements of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to an information request made by Mr Sabato. Citations: [2012] ScotIC 204 – 2012) Links: Bailii Jurisdiction: Scotland Information … Continue reading Sabato and Highland Health Board (204): SIC 12 Dec 2012

Dr Gordon Macdonald and South Lanarkshire Council: SIC 30 Sep 2008

This decision notice considers the responses made by South Lanarkshire Council (the Council) to three requests from Dr Gordon Macdonald for information about correspondence to and from a named Councillor. The Council advised Dr Macdonald that it did not hold the information he requested. The Council took the view that some of the correspondence, if … Continue reading Dr Gordon Macdonald and South Lanarkshire Council: SIC 30 Sep 2008

Pike and Dumfries and Galloway Council: SIC 28 Aug 2008

Dumfries and Galloway Council (the Council) did not respond to Mr Pike’s information request or his subsequent request for review. The Council responded to Mr Pike during the investigation. Following this investigation, the Commissioner found that the Council had failed to comply with the timescales specified in sections 10(1) and 21(1) of the Freedom of … Continue reading Pike and Dumfries and Galloway Council: SIC 28 Aug 2008

Gordon and Scottish Ministers: SIC 5 Aug 2008

Mr Gordon asked the Scottish Ministers to provide information relating to the occasions on which Scottish Ministers or Deputy Ministers had consulted the Law Officers in relation to civil legal proceedings, as described in paragraph 2.24 of the Scottish Ministerial Code. The Scottish Ministers withheld the information under sections 29(1)(c), 30(b)(i) and (c), 36(1) and … Continue reading Gordon and Scottish Ministers: SIC 5 Aug 2008

The Applicant and South Ayrshire Council: SIC 27 Feb 2020

On 9 September 2019, the Applicant asked South Ayrshire Council (the Council) for all notes made by Council employees in relation to a specified planning application. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the … Continue reading The Applicant and South Ayrshire Council: SIC 27 Feb 2020

Smith and Aberdeenshire Council: SIC 20 Apr 2016

SIC Risk Assessment: Failure To Respond Within Statutory Timescale – On 6 January 2016, Mr Smith asked Aberdeenshire Council (the Council) for a risk assessment carried out by the Council, prior to a store container and a site office being placed within Portlethen Primary School’s grounds by a contractor. This decision finds that the Council … Continue reading Smith and Aberdeenshire Council: SIC 20 Apr 2016

Delamore and Chief Constable of The Police Service of Scotland (The Investigation Into Willie Macrae’s Death: Vehicle Report): SIC 7 Oct 2015

SIC The investigation into Willie Macrae’s death: vehicle report – On 14 July 2014, Mr Paul Delamore asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about the events surrounding the death of Mr Willie Macrae. This decision requires Police Scotland to provide Mr Delamore with a copy of the … Continue reading Delamore and Chief Constable of The Police Service of Scotland (The Investigation Into Willie Macrae’s Death: Vehicle Report): SIC 7 Oct 2015

Wright and East Dunbartonshire Council: SIC 18 Sep 2015

SIC Inspection and Maintenance Records for A Specified Street: Failure To Respond Within Statutory Timescales – On 4 June 2015, Watermans Solicitors, on behalf of their client Mr Donald Wright, asked East Dunbartonshire Council (the Council) for information about maintenance and inspection records for a specified street. This decision finds that the Council failed to … Continue reading Wright and East Dunbartonshire Council: SIC 18 Sep 2015

Mr Y and Forth Valley NHS Board (Accident and Incident Forms: Failure To Respond Within Statutory Timescales): SIC 17 Aug 2015

Accident and incident forms: failure to respond within statutory timescales – On 23 February 2015, Mr Y submitted four information requests to Forth Valley NHS Board (NHS Forth Valley) for the accident and incident forms completed by healthcare staff for each week over a four week period. This decision finds that NHS Forth Valley failed … Continue reading Mr Y and Forth Valley NHS Board (Accident and Incident Forms: Failure To Respond Within Statutory Timescales): SIC 17 Aug 2015

Allan Milligan and Glasgow City Council (Legal Authorisation To Claim Additional Monies: Failure To Respond Within Statutory Timescales): SIC 9 Sep 2015

Legal authorisation to claim additional monies: Failure to respond within statutory timescales – On 7 May 2015, Mr Milligan asked Glasgow City Council (the Council) for evidence of the Council’s legal authority to claim what he described as ‘additional monies’ in relation to the recovery of parking charges. This decision finds that the Council failed … Continue reading Allan Milligan and Glasgow City Council (Legal Authorisation To Claim Additional Monies: Failure To Respond Within Statutory Timescales): SIC 9 Sep 2015

Mr Alan Johnston and Scottish Fire and Rescue Service (Fire Service Promotions: Failure To Respond Within Statutory Timescales): SIC 18 Aug 2015

Fire service promotions: failure to respond within statutory timescales – On 18 April 2015, Mr Johnston asked the Scottish Fire and Rescue Service (the SFRS) for information about promotions in the fire service. This decision finds that the SFRS failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) … Continue reading Mr Alan Johnston and Scottish Fire and Rescue Service (Fire Service Promotions: Failure To Respond Within Statutory Timescales): SIC 18 Aug 2015

Harte and Aberdeen City Council (Inspection of Leased Property: Failure To Respond Within Statutory Timescales): SIC 24 Jul 2015

Inspection of leased property: failure to respond within statutory timescales – On 19 March 2015, Mr Harte asked Aberdeen City Council (the Council) for information about inspection of leased property and dealing with landlords. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information … Continue reading Harte and Aberdeen City Council (Inspection of Leased Property: Failure To Respond Within Statutory Timescales): SIC 24 Jul 2015

Hutcheon and The Scottish Ministers (Details of Hospitality Events At Bute House: Failure To Respond Within Statutory Timescales): SIC 30 Jul 2015

SIC Details of hospitality events at Bute House: failure to respond within statutory timescales – On 30 March 2015, Mr Hutcheon asked the Scottish Ministers (the Ministers) for the names of those receiving hospitality at Bute House since Nicola Sturgeon became First Minister, along with dates on which the hospitality was received and also dates … Continue reading Hutcheon and The Scottish Ministers (Details of Hospitality Events At Bute House: Failure To Respond Within Statutory Timescales): SIC 30 Jul 2015

Mr X and South Lanarkshire Council: SIC 13 Jul 2015

SIC Neighbourhood Dispute: Failure To Respond Within Statutory Timescales – On 23 April 2015, Mr X asked South Lanarkshire Council for information about a neighbour’s dog entering his garden. This decision finds that South Lanarkshire Council responded to Mr X’s requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 … Continue reading Mr X and South Lanarkshire Council: SIC 13 Jul 2015

Mr V v City of Edinburgh Council: SIC 14 Jul 2015

Remediation Reports for Completed Development: Failure To Respond Within Statutory Timescales – On 6 June 2015, Mr V asked City of Edinburgh Council (the Council) for remediation reports on a completed development. This decision finds that the Council failed to respond to the requirement for review within the timescale allowed by the Freedom of Information … Continue reading Mr V v City of Edinburgh Council: SIC 14 Jul 2015

W and West Lothian Council: SIC 3 Jun 2015

Housing Allocations Policy: Failure To Respond Within Statutory Timescale – On 20 January 2015, Ms W asked West Lothian Council (the Council) for information about the Council’s current/future housing allocations policy. This decision finds that the Council failed to comply with Ms W’s requirement for review within the timescale set down by Freedom of Information … Continue reading W and West Lothian Council: SIC 3 Jun 2015

Paterson and Scottish Ministers: SIC 17 Jun 2015

Scottish North Sea Tax Revenue Projections: Failure To Respond Within Statutory Timescales – On 26 February 2015, Mr Paterson asked the Scottish Ministers (the Ministers) for information relating to illustrative projections for Scottish North Sea tax revenue. This decision finds that the Ministers failed to respond to the applicant’s requirement for review within the timescale … Continue reading Paterson and Scottish Ministers: SIC 17 Jun 2015

Hutcheon and Chief Constable of The Police Service of Scotland: SIC 22 Jun 2015

SIC User Satisfaction Surveys Reports: Failure To Respond Within Statutory Timescales – On 11 March 2015, Mr Hutcheon asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about guidance for staff and officers who worked on the User Satisfaction Survey, along with reports on the findings of these surveys. This … Continue reading Hutcheon and Chief Constable of The Police Service of Scotland: SIC 22 Jun 2015

Picken and Chief Constable of The Police Service of Scotland (2): SIC 12 Jun 2015

Crime and Incident Audits: Failure To Respond Within Statutory Timescales – On 19 January 2015, Mr Picken asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information about crime and incident audits involving crimes subsequently marked ‘no crime’. This decision finds that Police Scotland failed to comply with Mr Picken’s requirement … Continue reading Picken and Chief Constable of The Police Service of Scotland (2): SIC 12 Jun 2015

Picken and Chief Constable of The Police Service of Scotland (1): SIC 18 Jun 2015

Recording and Classifying Crimes: Failure To Respond Within Statutory Timescales – On 24 February 2015, Mr Picken asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information contained in internal reports relating to recording and classifying crimes. This decision finds that Police Scotland failed to respond to the request within the … Continue reading Picken and Chief Constable of The Police Service of Scotland (1): SIC 18 Jun 2015

Chappell and Borders Health Board: SIC 12 Jun 2015

Policies and procedures: failure to respond within statutory timescales – On 30 December 2014, Dr Chappell asked Borders Health Board (NHS Borders) for information about policies and procedures to deal with the protection of staff and patients if staff are diagnosed as suffering from an infection. This decision finds that NHS Borders failed to respond … Continue reading Chappell and Borders Health Board: SIC 12 Jun 2015

John Middleton and West Lothian Council (Social Work Report: Failure To Respond Within Statutory Timescales): SIC 26 Jun 2015

SIC Social Work Report: Failure To Respond Within Statutory Timescales On 26 January 2015, Mr Middleton asked West Lothian Council (the Council) forinformation about a social work report carried out in 2014. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act … Continue reading John Middleton and West Lothian Council (Social Work Report: Failure To Respond Within Statutory Timescales): SIC 26 Jun 2015

Baker and Glasgow City Council: SIC 26 May 2015

SIC Penalty Charge Notices for bus lanes: failure to respond within statutory timescales – On 4 February 2015, Mr Baker asked Glasgow City Council (the Council) for information about weekly breakdowns of the number of Penalty Charge Notices issued for a specified bus lane. This decision finds that the Council failed to respond to the … Continue reading Baker and Glasgow City Council: SIC 26 May 2015

Rona Hamilton and East Dunbartonshire Council: SIC 5 May 2015

SIC Specification of works: failure to respond within statutory timescales – On 18 December 2014, Ms Hamilton asked East Dunbartonshire Council (the Council) for information about the specification for work and materials on which previously-supplied cost information was based, in relation to works to be carried out at a Primary School. This decision finds that … Continue reading Rona Hamilton and East Dunbartonshire Council: SIC 5 May 2015

Amir Aryan Manesh and Glasgow City Council: SIC 17 Apr 2015

SIC Flooding of a property: failure to respond within statutory timescales – On 6 January 2015, Mr Manesh asked Glasgow City Council (the Council) for information about requests and correspondence sent to the Council in connection with flooding to his property. The decision finds that the Council failed to comply with Mr Manesh’s requirement for … Continue reading Amir Aryan Manesh and Glasgow City Council: SIC 17 Apr 2015

Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015

Freedom of Information (Scotland) Act 2002 (FOISA) sections 1(1) and (6) (General entitlement); 2(1)(a) and (2)(e)(ii) (Effect of exemptions); 38(1)(b), (2)(a)(i) and (2)(b) and (5) (definition of ‘the data protection principles’, ‘data subject’ and ‘personal data’) (Personal information) Data Protection Act 1998 (the DPA) sections 1(1) (Basic interpretative provisions) (definition of personal data); 2 (Sensitive … Continue reading Howarth and Chief Constable of The Police Service of Scotland: SIC 29 Apr 2015

Liddle and Pickaquoy Centre Trust: SIC 3 Feb 2015

SIC Freedom of information requests: failure to respond within statutory timescales On 7 September 2014, Mr Liddle asked Pickaquoy Centre Trust (the Trust) for information about its management of Freedom of Information requests. This decision finds that the Trust failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) … Continue reading Liddle and Pickaquoy Centre Trust: SIC 3 Feb 2015

King v Highland Health Board: SIC 3 Dec 2014

SIC Audit trail of a complaint: failure to respond within statutory timescales – On 10 March 2014, Mr King asked Highland Health Board (NHS Highland) for information about the audit trail of a complaint regarding the care and treatment of a specified person. This decision finds that NHS Highland failed to respond to Mr King’s … Continue reading King v Highland Health Board: SIC 3 Dec 2014

Shetland Line (1984) Ltd v Scottish Ministers (2): SIC 21 Nov 2014

SIC Northern Isles Ferry Services contract: failure to respond within statutory timescales – On 16 October 2014, Shetland Line (1984) Limited (SLL) asked the Scottish Ministers (the Ministers) for information about bid proposals and other information relating to the Northern Isles Ferry Services contract. This decision finds that the Ministers failed to respond to the … Continue reading Shetland Line (1984) Ltd v Scottish Ministers (2): SIC 21 Nov 2014

Staveley v Scottish Ministers: SIC 8 Jul 2014

SIC Ministerial overseas visits: failure to respond within statutory timescales – On 4 November 2013, Ms Staveley asked the Scottish Ministers (the Ministers) for a breakdown of all ministerial overseas visits between February 2012 and October 2013. This decision finds that the Ministers failed to respond to the request within the timescale allowed by the … Continue reading Staveley v Scottish Ministers: SIC 8 Jul 2014