Colin Mcleod and Dundee City Council: SIC 3 Dec 2013

Marchbanks recycling centre – On 6 May 2013, Mr McLeod asked Dundee City Council (the Council) for information relating to the disposal or alternative uses of the former Marchbanks recycling centre. The Council provided a copy of a committee report and told Mr McLeod that it held no further information.
Following an investigation, the Commissioner was not satisfied that adequate searches had been carried out for the information and required the Council to carry out further searches.

[2013] ScotIC 273 – 2013
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522821

Birt and Scottish Ministers: SIC 22 Nov 2013

SIC Legal advice on the position of an independent Scotland within the European Union – On 21 May 2013, Mr Birt asked the Scottish Ministers (the Ministers) for the legal advice obtained by the Scottish Government relating to the position of an independent Scotland applying for EU membership. The Ministers responded by withholding this information under sections 29(1)(c) (which relates to the provision of advice by the Law Officers) and 36(1) (legal professional privilege) of FOISA.
Following an investigation, the Commissioner was satisfied that the Ministers were entitled to withhold this information under section 29(1)(c).

[2013] ScotIC 266 – 2013
Bailii
Scotland

Information

Updated: 01 December 2021; Ref: scu.522811

Eighteen and Under and Dundee City Council: SIC 1 Nov 2013

On 28 June 2012, Eighteen And Under asked Dundee City Council (the Council) for all information it held about the charity. The Council refused to comply with the request on the basis that it was a repeated request. On 25 June 2013, the Commissioner issued a decision, finding that the request was not a repeat request and requiring an alternative response.
The Council provided information in compliance with the Commissioner’s decision on 2 August 2013, but Eighteen And Under remained dissatisfied with the amount of information disclosed and applied to the Commissioner for a further decision on 13 August 2013. Following an investigation, while finding an initial failure to identify and locate all the requested information, the Commissioner was satisfied that the Council had taken reasonable steps to establish that no further information was held.

[2013] ScotIC 245 – 2013
Bailii
Scotland

Information

Updated: 01 December 2021; Ref: scu.522791

Thompson v City of Edinburgh Council: SIC 4 Mar 2014

Resolution Complaints Panel reports – On 4 July 2013, Mrs Thompson asked for a copy of Resolution Complaints Panel reports prepared by the City of Edinburgh Council (the Council). The Council decided that the information in the reports was entirely excepted from disclosure under the EIRs.
During the investigation, the Council disclosed a redacted version of the reports to Mrs Thompson.
The Commissioner found that the Council was entitled to withhold the redacted information, given that its disclosure would prejudice substantially the course of justice or would breach the data protection principles. The Commissioner also found that the information provided to Mrs Thompson during the investigation should have been disclosed at an earlier stage.

[2014] ScotIC 053 – 2014, Decision 053/2014
Bailii
Freedom of Information (Scotland) Act 2002 1(1) 1(6), Environmental Information (Scotland) Regulations 2004, Data Protection Act 1998

Scotland, Information

Updated: 01 December 2021; Ref: scu.522755

Burke v Angus Council: SIC 11 Mar 2014

Adults with learning difficulties with unmet needs – On 1 March 2013, Mr Peter Burke asked Angus Council (the Council) for an anonymised list of adults with learning difficulties with unmet needs for both respite and residential care in the Carnoustie and Monifieth areas. The Council responded by withholding the information.
Following an investigation, the Commissioner found that the Council had been entitled to withhold the information: it was the personal data of other individuals and its disclosure would breach the first data protection principle.

[2014] ScotIC 061 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522752

A and Scottish Prison Service: SIC 5 Mar 2014

SIC Details of items bought and sold – On 23 September 2013, Mr A asked the Scottish Prison Service (the SPS) about the quantities of items bought in from suppliers and sold in the prison canteen on certain dates in July 2013. The SPS released information to Mr A. Mr A complained that some of it was illegible. He also queried whether the information was for the dates he had specified.
Following an investigation, the Commissioner found that the SPS had provided Mr A with all of the information it held and which fell within the scope of his request. The Commissioner commented that the SPS could have been more helpful in its response to his request, but did not require the SPS to take any action, for reasons explained in the decision.

[2014] ScotIC 055 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522746