Mr Gary Smith and East Ayrshire Council [2015] ScotIC 018_2015 (10 February 2015)

The Commissioner held that the Data Protection Act 1998 applied to the report and that disclosure would contravene the Act, so the exemption was upheld and the report was not ordered to be disclosed.

Citation: [2015] ScotIC 018_2015
Parties: Applicant: Mr Gary Smith; Respondent: East Ayrshire Council
Jurisdiction: Scotland
Judgment Date: 10 February 2015
Procedural Posture: Freedom of Information Appeal / Final Decision
Outcome: appeal dismissed
Legal Topics: Application of Data Protection Act 1998, Disclosure of Independent Coal Report

Information Law Data Protection Application of Data Protection Act 1998 Disclosure of Independent Coal Report

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Parties

Mr Gary Smith

Applicant

East Ayrshire Council

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

1 Whether the Data Protection Act 1998 applies to the independent coal report
2 Whether the report should be disclosed under freedom of information legislation

Ratio Decidendi

The Commissioner held that the Data Protection Act 1998 applied to the report and that disclosure would contravene the Act, so the exemption was upheld and the report was not ordered to be disclosed.

Court Disposition

appeal dismissed