On 27 October 2012, Mr and Mrs B (the Bs) made a request to the Scottish Court Service (SCS) information concerning a court case at Kilmarnock Sheriff Court. The SCS informed the Bs that the information was exempt from disclosure. On 20 November 2012, the Bs submitted a further request for information to the SCS regarding the same court case and the SCS responded to it a few days later. Following a review of the SCS’s responses to both requests, the Bs remained dissatisfied and applied to the Commissioner for a decision
After investigation, the Commissioner found that that the SCS was entitled to withhold all the information covered by the request of 27 October 2012 under section 37(1)(a)(i) and (iii) of FOISA. The Commissioner found that the SCS did not hold any information covered by the request of 20 November 2012, but had failed to give the Bs notice to this effect as required by section 17(1) of FOISA.
Citations:
[2013] ScotIC 207 – 2013
Links:
Jurisdiction:
Scotland
Scotland, Information
Updated: 16 August 2022; Ref: scu.516078