Mr Q and Scottish Ministers [2019] ScotIC 035_2019 (07 March 2019)

Mr Q and Scottish Ministers [2019] ScotIC 035_2019 (07 March 2019)

The decision turned on whether the exemptions claimed by the Scottish Ministers applied to the requested risk assessments and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Citation
[2019] ScotIC 035_2019
Parties
Applicant: Mr Q; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
07 March 2019
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially allowed
Legal Topics
Risk Assessments, Disclosure of Information
Administrative Law Freedom of Information Risk Assessments Disclosure of Information

Case Brief

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Parties

Mr Q

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the Scottish Ministers were required to disclose risk assessments to the applicant under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The decision turned on whether the exemptions claimed by the Scottish Ministers applied to the requested risk assessments and whether the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially allowed

Orders

  • The Scottish Ministers are required to disclose certain risk assessments to the applicant, subject to redactions as specified in the decision.