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 Council modified its decision and disclosed some information to Mr Park. However, it maintained its decision to withhold the remaining information, but only on the grounds that it was exempt under section 33(1)(b) of FOISA. Mr Park remained dissatisfied and applied to the Commissioner for a decision.
During the investigation the Council disclosed the majority of the information within the contract to Mr Park, and withdrew its previous application of the exemption in section 33(1)(b). This decision is concerned only with the matters with which Mr Park remained dissatisfied at the end of the investigation. These are (a) whether the Council has identified and provided all parts of the contract to Mr Park and (b) whether the Council was entitled to withhold the names of two individuals who witnessed the signing of the contract. The Council submitted during the investigation that the witnesses’ names were exempt from disclosure under section 38(1)(b) of FOISA.
Following an investigation, the Commissioner found that (in relation to the matters considered in this decision) the Council had dealt with Mr Park’s request for information in accordance with Part 1 of FOISA. He concluded that the Council had identified and considered all parts of the contract requested by Mr Park when responding to his in formation request. The Commissioner also found that the Council was entitled to withhold the names of the witnesses under section 38(1)(b) of FOISA

Citations:

[2011] ScotIC 083 – 2011

Links:

Bailii

Scotland, Information

Updated: 23 September 2022; Ref: scu.447294