Mackay and Scottish Borders Council (Archiving of Emails): SIC 16 Aug 2016

On 25 June 2015, Mr Mackay asked Scottish Borders Council (the Council) for information about archiving and retrieving emails of former Council employees. Following a review, the Council told Mr Mackay that no information was held. However, the Council’s response to a later request made Mr Mackay question whether, after all, he should have received information in response to his request of 25 June 2015. He applied to the Commissioner for a decision.
The Commissioner investigated and accepted that the Council did not hold any information covered by Mr Mackay’s request. However, she found that the Council had failed to provide Mr Mackay with reasonable advice and assistance, as required by section 15(1) of FOISA. She did not require the Council to take any action.

[2016] ScotIC 176 – 2016
Bailii
Scotland

Information

Updated: 23 January 2022; Ref: scu.569162