Jacques v Scottish Ministers: SIC 22 Feb 2010

SIC Caithness Blood Bank – Ms Jacques requested information from the Scottish Ministers (the Ministers) relating to the closure of Caithness Blood Bank. The Ministers responded by releasing some information but relied on an exemption under section 30(b)(i) of the Freedom of Information (Scotland) Act 2002 (FOISA) for withholding other information. Following a review, Ms Jacques remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, the Ministers released additional information but applied a further exemption in terms of section 38(1)(b) of FOISA.
The Commissioner found that the Ministers complied with Part 1 of FOISA by withholding some information which constituted personal data (including sensitive personal data). He also found that certain information was correctly withheld in terms of section 30(b)(i) in that release would (or would be likely to) substantially inhibit the free and frank provision of advice. He did not, however, accept the Ministers’ application of section 30(b)(i) in respect of all the withheld information. He required the Ministers to release further information to Ms Jacques subject to the redaction of certain personal data (some of which was sensitive personal data).
[2009] ScotIC 124 – 2009
Freedom of Information (Scotland) Act 2002

Updated: 08 March 2021; Ref: scu.433755