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

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

Jock Meikle and Scottish Ministers: SIC 19 Feb 2014

Use of ‘taxpayer funded’ transport: failure to respond within statutory timescales – On 16 October 2013, Mr Meikle made a request to the Scottish Ministers (the Ministers), asking if the First Minister or his Cabinet had used ‘taxpayer funded’ transport, to and from the Dunfermline ByElection.
This decision finds that the Ministers failed to respond to the request within the timescales allowed by the Freedom of Information (Scotland) Act 2002 (FOISA). The decision also finds that the Minister’s failed to comply with Mr Meikle’s request for review within the timescales set down by FOISA.

[2014] ScotIC 037 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522724

Hutcheon and City of Edinburgh Council: SIC 26 Feb 2014

SIC On 21 May 2013, Mr Paul Hutcheon asked the City of Edinburgh Council (the Council) for information about scaffolding jobs given to a named company. The Council disclosed some information and withheld the remainder. Mr Hutcheon remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, the Council disclosed the remaining information.
The Commissioner found that, in dealing with Mr Hutcheon’s request, the Council had incorrectly withheld information which should have been provided to him under section 1(1) of FOISA.

[2014] ScotIC 042 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522732

B and Scottish Prison Service: SIC 26 Feb 2014

ICO Hobbies work shed – On 5 October 2013, Mr B asked the Scottish Prison Service (the SPS) for information relating to the budget, resources and output of the Hobbies work shed at HMP Edinburgh. The SPS provided some information, but told Mr B that it did not hold the other information sought.
Following an investigation, the Commissioner found that the SPS had provided Mr B with the information it held, along with appropriate advice and assistance.

[2014] ScotIC 044 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522715

X and Scottish Parliamentary Corporate Body: SIC 13 Jan 2014

SIC Standards for correspondence – On 13 September 2013, Mr X asked the Scottish Parliamentary Corporate Body (the SPCB) for information about the standards which apply when MSPs respond to correspondence. The SPCB provided information to Mr X, but Mr X was dissatisfied and requested a review under FOISA.
Following an investigation, the Commissioner concluded the SPCB partially failed to deal with Mr X’s request for information in accordance with Part 1 of FOISA, by failing to deal with his request for review as required by section 21 of FOISA. On this occasion, she did not require the SPCB to take any action as it had provided all the relevant information it held.

[2014] ScotIC 004 – 2014
Bailii

Scotland, Information

Updated: 01 December 2021; Ref: scu.522704

BWWC Limited and Scottish Legal Complaints Commission: SIC 14 Feb 2014

Handling of complaint – On 31 May 2013, BWWC Limited (BWWC) asked the Scottish Legal Complaints Commission (the SLCC) for correspondence and other information relating to a complaint made to the SLCC.
The SLCC refused to disclose the information, under exemptions including that in section 26(a) of FOISA. This exempts information from disclosure if disclosure is prohibited by other legislation.
Following an investigation, the Commissioner found that the SLCC had been entitled to withhold the information.

[2014] ScotIC 027 – 2014
Bailii

Scotland, Information, Legal Professions

Updated: 01 December 2021; Ref: scu.522708