Mr Tom Gordon and Scottish Ministers [2012] ScotIC 067_2012 (10 April 2012)

Mr Tom Gordon and Scottish Ministers [2012] ScotIC 067_2012 (10 April 2012)

The Commissioner found that the exemptions claimed by the Scottish Ministers did not apply to all of the information withheld and that, where exemptions did apply, the public interest in disclosure outweighed the interest in maintaining the exemption.

Citation
[2012] ScotIC 067_2012
Parties
Applicant: Mr Tom Gordon; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
10 April 2012
Procedural Posture
Freedom of Information Appeal / Decision of Scottish Information Commissioner
Outcome
partially allowed
Legal Topics
Access to Information, Internal Audit Reports, Public Authority Obligations
Freedom of Information Access to Information Internal Audit Reports Public Authority Obligations

Case Brief

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Parties

Mr Tom Gordon

Applicant

Scottish Ministers

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Scottish Information Commissioner

Legal Issues

  1. 1 Whether the Scottish Ministers were obliged to disclose internal audit reports relating to the Finance Directorate under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner found that the exemptions claimed by the Scottish Ministers did not apply to all of the information withheld and that, where exemptions did apply, the public interest in disclosure outweighed the interest in maintaining the exemption.

Court Disposition

partially allowed

Orders

  • The Scottish Ministers are required to disclose the internal audit reports relating to the Finance Directorate, subject to redaction of information where exemptions properly apply.