SIC Mr Devine requested from South Lanarkshire Council (the Council) information relating to an incident that had affected his property. The Council responded by providing some information, but withholding other information in terms of section 36(1) of FOISA (as information to which a claim of confidentiality could be maintained in legal proceedings). The Council also gave notice that it did not hold any information in respect of part of Mr Devine’s request. Following a review, as a result of which the Council disclosed some more information, but also relied upon section 38(1)(b) of FOISA for withholding certain personal information, Mr Devine remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, in the course of which Mr Devine confirmed that he was not interested in certain of the withheld personal data, the Commissioner found that the Council had been correct in withholding the remainder of the information under either section 36(1) or section 38(1)(b) of FOISA. He did not require any action by the Council.
Citations:
[2012] ScotIC 002 – 2012)
Links:
Scotland, Information
Updated: 05 October 2022; Ref: scu.451511