Smith and East Ayrshire Council: SIC 10 Feb 2015

SIC Application of the Data Protection Act 1998 to independent coal report
On 17 January 2014, Mr Smith asked East Ayrshire Council (the Council) for information concerning the application of the Data Protection Act 1998 to an independent coal report.
The Council responded by providing some information to Mr Smith and withholding other information under various exemptions. Following a review, Mr Smith remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that the Council had partially failed to respond to Mr Smith’s request for information in accordance with Part 1 of FOISA. She found that the Council has correctly applied the exemptions to most of the withheld information, but that it had been incorrect to withhold some of it on the basis of its effect on the free and frank exchange of views. She required the Council to disclose this information.

Citations:

[2015] ScotIC 018 – 2015

Links:

Bailii

Statutes:

Data Protection Act 1998

Jurisdiction:

Scotland

Information

Updated: 05 November 2022; Ref: scu.543115