Information relating to a tender – On 2 September 2014, Mr X asked the Scottish Prison Service (the SPS) for information concerning a tender.
The SPS responded by disclosing some information. The SPS withheld some information on the basis that it was exempt from disclosure in terms of sections 36(2) (Confidentiality) and 38(1)(b) (Personal data) of FOISA. Additionally, the SPS informed Mr X that it did not hold some of the requested information.
The Commissioner investigated and found that the SPS had partially failed to respond to Mr X’s request for information in accordance with Part 1 of FOISA. The Commissioner found that some of the withheld information did not comprise personal data and required the SPS to disclose it to Mr X. In respect of the information that did comprise personal data, the Commissioner was satisfied that the SPS was entitled to withhold it under the exemption in section 38(1)(b) of FOISA. The Commissioner also accepted that the SPS did not hold any recorded information concerning individuals contacted by telephone.
[2015] ScotIC 041 – 2015
Bailii
Scotland, Information
Updated: 29 December 2021; Ref: scu.545639