Mr E and Scottish Prison Service (Internet searches...) [2016] ScotIC 201_2016 (20 September 2016)

The Commissioner found that the Scottish Prison Service was not obliged to provide the requested information as it did not hold the information at the time of the request.

Citation: [2016] ScotIC 201_2016
Parties: Applicant: Mr E; Respondent: Scottish Prison Service
Jurisdiction: Scotland
Judgment Date: 20 September 2016
Procedural Posture: Freedom of Information Appeal / Final Decision
Outcome: appeal dismissed
Legal Topics: Freedom of Information, Public Authority Obligations

Information Law Administrative Law Freedom of Information Public Authority Obligations

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Parties

Mr E

Applicant

Scottish Prison Service

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

1 Whether the Scottish Prison Service was obliged to provide information about internet searches under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that the Scottish Prison Service was not obliged to provide the requested information as it did not hold the information at the time of the request.

Court Disposition

appeal dismissed