Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006

The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified.
Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, anonymised as described, would not constitute personal data of any of the children resident in the area who had in a relevant year been diagnosed with leukaemia. It was information that was held by the Agency at the time when the request was received, and the Commissioner was entitled to require the Agency to provide this data in the exercise of his supervisory powers under the Act.


Lord President And Lord Marnoch And Lord Nimmo Smith


[2006] ScotCS CSIH – 58, 2007 SC 231, [2006] CSIH 58


Bailii, ScotC


Freedom of Information (Scotland) Act 2002, Data Protection Act 1998


CitedDurant v Financial Services Authority CA 8-Dec-2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his . .

Cited by:

Appeal fromCommon Services Agency v Scottish Information Commissioner HL 9-Jul-2008
An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the . .
CitedSugar v British Broadcasting Corporation and Another (2) SC 15-Feb-2012
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance.
Held: The appeal failed. Where the report was prepared even if only . .
Lists of cited by and citing cases may be incomplete.

Scotland, Information

Updated: 08 July 2022; Ref: scu.246819