The complainant requested information concerning communications between the Secretary of State for Scotland or his private office and a member of the Scottish Parliament. The public authority refused the request, citing the exemptions provided by sections 35(1)(b) (information relating to Ministerial communications) and 35(1)(d) (information relating to the operation of any Ministerial private office) of the Act. This refusal was overturned at internal review and the requested information was disclosed. This Decision Notice records that the public authority breached sections 17(1)(c) and 17(3)(b) in issuing an inadequate refusal notice that included no explanation as to why the exemptions were believed to be engaged, nor as to why the balance of the public interest was believed to favour the maintenance of those exemptions.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld
Citations:
[2011] UKICO FS50378040
Links:
Jurisdiction:
England and Wales
Information
Updated: 19 November 2022; Ref: scu.530693