SIC Involvement of Kenny Macaskill In Police Inquiry Into The Death of Barry Wallace – On 14 October 2014, the Applicant asked the Chief Constable of the Police Service of Scotland (Police Scotland) for all and any information held by Police Scotland about the potential involvement of Mr Kenneth MacAskill MSP in the police inquiry into the death of Barry Wallace.
Police Scotland applied section 18 of FOISA. They refused to confirm or deny whether they held any information stating that if it existed and was held, it would be exempt from disclosure under FOISA. Following a review, the Applicant remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that Police Scotland partially failed to respond to the Applicant’s request for information in accordance with Part 1 of FOISA.
She accepted that some information covered by the request, if it existed and was held by Police Scotland, would be exempt from disclosure under section 34(1) and so Police Scotland were entitled to refuse to confirm or deny whether they held the information, in terms of section 18(1).
The Commissioner did not accept that other information covered by the Applicant’ request, if it existed and was held by Police Scotland, would be exempt from disclosure under section 34(1) or section 38(1)(b) of FOISA, and so Police Scotland were not entitled to refuse to confirm or deny whether they held the information, in terms of section 18(1). The Commissioner required Police Scotland to reveal whether it held such information, and if it did so to either disclose it or serve notice under FOISA withholding it.
References: [2015] ScotIC 166 – 2015
Links: Bailii
Jurisdiction: Scotland
Last Update: 15 October 2020; Ref: scu.556096