Mr Patrick Smith and Scottish Qualifications Authority [2018] ScotIC 133_2018 (28 August 2018)

Mr Patrick Smith and Scottish Qualifications Authority [2018] ScotIC 133_2018 (28 August 2018)

The Commissioner found that some of the requested information should be disclosed, as the exemptions claimed by the Scottish Qualifications Authority did not apply in full. The decision partially upheld the applicant's request.

Citation
[2018] ScotIC 133_2018
Parties
Applicant: Mr Patrick Smith; Respondent: Scottish Qualifications Authority
Jurisdiction
Scotland
Judgment Date
28 August 2018
Procedural Posture
Freedom of Information Appeal / Final Decision
Outcome
partially upheld
Legal Topics
Freedom of Information, Data Disclosure
Information Law Freedom of Information Data Disclosure

Case Brief

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Parties

Mr Patrick Smith

Applicant

Scottish Qualifications Authority

Respondent

Procedural Posture

Freedom of Information Appeal / Final Decision

Legal Issues

  1. 1 Whether the Scottish Qualifications Authority was required to disclose band-to-grade progression data under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that some of the requested information should be disclosed, as the exemptions claimed by the Scottish Qualifications Authority did not apply in full. The decision partially upheld the applicant's request.

Court Disposition

partially upheld

Orders

  • The Scottish Qualifications Authority is ordered to disclose the band-to-grade progression data to the extent not covered by exemptions under the Freedom of Information (Scotland) Act 2002.