Emslie and The Police Complaints Commissioner for Scotland: SIC 23 Jul 2009

Mr David Emslie (Mr Emslie) requested from The Police Complaints Commissioner for Scotland (the PCCS) information relating to the PCCS and its communications with certain other specified bodies.
The PCCS responded by releasing some of the information requested, and notified Mr Emslie in terms of section 17 of the Freedom of Information (Scotland) Act 2002 (FOISA) that it did not hold some of the information he had requested. It refused to comply with some parts of the request in terms of section 12 of FOISA, on the grounds that compliance would exceed the pounds 600 prescribed cost limit. The PCCS withheld the remaining information sought in terms of sections 30, 35 and 38 of FOISA. Following a review, Mr Emslie remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the PCCS had dealt with Mr Emslie’s request for information in accordance with Part 1 of FOISA. He found that the PCCS had applied sections 12 and 17 of FOISA appropriately, and that it had correctly withheld information under the exemptions in sections 38(1)(a) and 38(1)(b) of FOISA. He also concluded that the PCCS had provided reasonable advice and assistance to Mr Emslie in line with its duty under section 15 of FOISA. He did not require the PCCS to take any action.

[2009] ScotIC 084 – 2009


Updated: 30 November 2021; Ref: scu.434026