Mr E and Scottish Prison Service [2011] ScotIC 094_2011 (20 May 2011)

Mr E and Scottish Prison Service [2011] ScotIC 094_2011 (20 May 2011)

The Commissioner determined whether the Scottish Prison Service had fulfilled its statutory obligations to provide the requested information or validly applied exemptions under the Act.

Citation
[2011] ScotIC 094_2011
Parties
Applicant: Mr E; Respondent: Scottish Prison Service
Jurisdiction
Scotland
Judgment Date
20 May 2011
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially allowed
Legal Topics
Freedom of Information, Prisoner Rights, Legal Correspondence, Property Destruction
Information Law Prison Law Freedom of Information Prisoner Rights Legal Correspondence Property Destruction

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Parties

Mr E

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the Scottish Prison Service properly handled requests for information regarding its policy on prisoners' legal mail and the removal and destruction of prisoner property

Ratio Decidendi

The Commissioner determined whether the Scottish Prison Service had fulfilled its statutory obligations to provide the requested information or validly applied exemptions under the Act.

Court Disposition

partially allowed

Orders

  • The Scottish Prison Service was ordered to disclose any withheld information not covered by exemptions or to issue a proper refusal notice in accordance with the Act.