Gordon and Chief Constable of The Police Service of Scotland: SIC 3 Nov 2016

On 8 March 2016, Police Scotland were asked for information about the production and issuing of a specified letter. Initially, Police Scotland refused to confirm or deny whether they held the information, or whether it existed. Later, they confirmed they held it but withheld it as personal data, and under other exemptions.
During the Commissioner’s investigation, Police Scotland carried out additional searches and located further information covered by the request. As this information was not located during Police Scotland’s handling of the request and review request, the Commissioner found that Police Scotland failed to comply with FOISA.
The Commissioner accepted that Police Scotland were entitled to withhold all of the information as personal data; this included reaching a view about whether the data subject had already put personal data into the public domain.


[2016] ScotIC 234 – 2016






Updated: 28 January 2022; Ref: scu.573445