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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Mr David Emslie (Mr Emslie) requested from The Police Complaints Commissioner for Scotland (the PCCS) information relating to the PCCS and its communications with certain other specified bodies. The PCCS responded by releasing some of the information requested, and notified Mr Emslie in terms of section 17 of the Freedom of Information (Scotland) Act 2002 … Continue reading Emslie and The Police Complaints Commissioner for Scotland: SIC 23 Jul 2009
Professor Pollock requested from the Scottish Ministers (the Ministers) a copy of the contract between the Scottish Government and PricewaterhouseCoopers LLP (PwC) for the ‘Scottish Patient Experience Programme Technical Partner’. The Ministers responded by providing the information subject to redaction under sections 33, 36 and 38 of the Freedom of Information (Scotland) Act 2002 (FOISA). … Continue reading Professor Pollock and Scottish Ministers: SIC 17 Dec 2009
Request for information regarding action taken in respect of two websites – withheld on the basis of sections 30(b), 38(1)(b) and 39(1) of the Freedom of Information (Scotland) Act 2002 (FOISA) – Commissioner found the SCS was entitled to refuse to disclose some of the information [2008] ScotIC 007 – 2008 Bailii Scotland Information Updated: … Continue reading Lloyd and Scottish Court Service: SIC 16 Jan 2008
Mr Jamie Hepburn MSP (Mr Hepburn) requested from North Lanarkshire Council (the Council) the numbers of correspondence items received from individual MSPs, MPs and MEPs over a specified period of time. The Council withheld the information under the exemption in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 (FOISA), which allows public authorities … Continue reading Hepburn MSP and North Lanarkshire Council: SIC 16 Jul 2009