Mr E and Scottish Ministers [2019] ScotIC 028_2019 (04 March 2019)

Mr E and Scottish Ministers [2019] ScotIC 028_2019 (04 March 2019)

The Commissioner found that some information was correctly withheld under the exemptions, but other information should have been disclosed, resulting in the appeal being partially upheld.

Citation
[2019] ScotIC 028_2019
Parties
Applicant: Mr E; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
04 March 2019
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially upheld
Legal Topics
Freedom of Information, Public Sector Transparency
Information Law Administrative Law Freedom of Information Public Sector Transparency

Case Brief

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Parties

Mr E

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the Scottish Ministers were entitled to withhold information from Mr E under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that some information was correctly withheld under the exemptions, but other information should have been disclosed, resulting in the appeal being partially upheld.

Court Disposition

partially upheld

Orders

  • Scottish Ministers to disclose the non-exempt information to Mr E