‘These appeals raise important questions as to the interpretation and application of the Freedom of Information (Scotland) Act 2002. In particular, questions arise as to what is meant by ‘information’, as that term is used in the Act; as to who is to be treated as the ‘applicant’, as that term is used in the Act, when a request for information is made by an agent acting on behalf of another person; as to the effect of section 11 of the Act, which enables an applicant to express a preference as to the means by which information is to be provided; as to the application of the exemption, by virtue of section 25(1) of the Act, of ‘information which the applicant can reasonably obtain other than by requesting it under section 1(1)’; and as to the implications of any duty of fairness incumbent upon the Scottish Information Commissioner (‘the Commissioner’) in relation to decisions taken under section 49 of the Act.’
Judges:
Lord Reed, Lord Clarke, Lord Hardie
Citations:
[2009] ScotCS CSIH – 73, 2009 GWD 40-69, 2010 SLT 9
Links:
Statutes:
Freedom of Information (Scotland) Act 2002
Cited by:
Cited – The Independent Parliamentary Standards Authority v The Information Commissioner and Another CA 28-Apr-2015
A journalist had requested the appellant who published the claims made by Members of Parliament for expenses to its website had requested in addition copies of the receipts produced by the MPs to justify three claims. The Authority provided a . .
Lists of cited by and citing cases may be incomplete.
Scotland, Information
Updated: 04 August 2022; Ref: scu.375409