Rule and Scottish Ministers: SIC 16 Nov 2009

Mr Rule requested from the Scottish Ministers (the Ministers) copies of correspondence between the First Minister’s Office and specified governments (and departments thereof) from May 2007. In response, the Ministers released some information but withheld the remainder under section 32(1)(a)(i) and (iii) of the Freedom of Information (Scotland) Act 2002 (FOISA). Following a review, Mr Rule remained dissatisfied and applied to the Commissioner for a decision. Following an investigation, during which further information was released to Mr Rule, the Commissioner found that the Ministers had partially complied with Mr Rule’s request in accordance with Part 1 of FOISA. The Commissioner upheld the Ministers’ reliance on section 32(1)(a)(i) of FOISA in withholding the requested information. The Commissioner also found that the Ministers had failed to comply with section 10(1) of FOISA. He did not require the Ministers to take any action.

[2009] ScotIC 132 – 2009


Updated: 28 November 2021; Ref: scu.434074