Changes To Risk Level Definitions – On 17 October 2014, Mr Mitchell asked the Risk Management Authority (the RMA) for information relating to changes to risk level definitions.
RMA responded and withheld the information under various exemptions in FOISA. Following a review, Mr Mitchell remained dissatisfied and applied to the Commissioner for a decision.
During the investigation, the RMA disclosed information to Mr Mitchell in relation to part of his request, subject to the redaction of personal data. The RMA continued to withhold other information in its entirety.
The Commissioner investigated and found that RMA had partially failed to respond to Mr Mitchell’s request for information in accordance with Part 1 of FOISA. She found that the RMA was entitled to withhold some of the information on the basis that disclosure was likely to substantially prejudice the effective conduct of public affairs. She also found that the RMA was entitled to apply section 38(1)(b) (Personal information) of FOISA to most of the information redacted as personal data.
The Commissioner found that the RMA had failed to comply with section 1(1) of FOISA, by initially failing to identify all of the information falling within the scope of Mr Mitchell’s request and also by withholding information under sections 37(1)(a)(iii) (Court records etc.) and 38(1)(b). She required the RMA to provide Mr Mitchell with the information it had wrongly withheld.
[2015] ScotIC 089 – 2015
Bailii
Scotland
Scotland, Information
Updated: 03 January 2022; Ref: scu.550861