Mr Rob Edwards and Scottish Executive [2005] ScotIC 042_2005 (25 October 2005)

Mr Rob Edwards and Scottish Executive [2005] ScotIC 042_2005 (25 October 2005)

The Commissioner determined whether the exemptions claimed by the Scottish Executive applied to the requested information and whether the public interest in disclosure outweighed the interest in maintaining the exemptions.

Source-derived case information.

Citation
[2005] ScotIC 042_2005
Parties
Applicant: Mr Rob Edwards; Respondent: Scottish Executive
Jurisdiction
Scotland
Judgment Date
25 October 2005
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
partially allowed
Legal Topics
Freedom of Information, Public Access to Information, EU Infraction Proceedings
Information Law Administrative Law Freedom of Information Public Access to Information EU Infraction Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Rob Edwards

Applicant

Scottish Executive

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  1. 1 Whether the Scottish Executive is required to disclose the status and substance of all EU infraction proceedings in which it is involved under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined whether the exemptions claimed by the Scottish Executive applied to the requested information and whether the public interest in disclosure outweighed the interest in maintaining the exemptions.

Court Disposition

partially allowed

Orders

  • The Scottish Executive is required to disclose certain information regarding EU infraction proceedings, subject to redaction of exempt material.