Professor Pollock and Scottish Ministers: SIC 17 Dec 2009

Professor Pollock requested from the Scottish Ministers (the Ministers) a copy of the contract between the Scottish Government and PricewaterhouseCoopers LLP (PwC) for the ‘Scottish Patient Experience Programme Technical Partner’. The Ministers responded by providing the information subject to redaction under sections 33, 36 and 38 of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Professor Pollock remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that the Ministers, while withholding certain information correctly under sections 33(1)(b), 36(2) and 38(1)(b) of FOISA, had partially failed to deal with Professor Pollock’s request for information in accordance with Part 1 of FOISA. In particular, by incorrectly applying section 38(1)(b) to the personal data of key senior employees of PwC
responsible for the provision of the service, and sections 33(1)(b) and 36(2) to previous project engagement descriptions, the Ministers failed to comply with Part 1 and particular section 1(1) of FOISA. He required the Ministers to provide Professor Pollock with this information.

[2009] ScotIC 146 – 2009


Updated: 28 November 2021; Ref: scu.434098