Mr E and Scottish Ministers [2018] ScotIC 151_2018 (03 October 2018)

The Commissioner determined whether the exemptions claimed by the Scottish Ministers applied and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Citation: [2018] ScotIC 151_2018
Parties: Applicant: Mr E; Respondent: Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 03 October 2018
Procedural Posture: Freedom of Information Appeal / Decision
Outcome: partially allowed
Legal Topics: Freedom of Information, Environmental Information, Wind Farm Applications

Administrative Law Information Law Freedom of Information Environmental Information Wind Farm Applications

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Parties

Mr E

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

1 Whether the Scottish Ministers were obliged to disclose information regarding wind farm applications under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined whether the exemptions claimed by the Scottish Ministers applied and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially allowed

Orders

The Scottish Ministers were ordered to disclose certain information regarding wind farm applications to the applicant.