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Decision Summary

  • Case Ref: FS50205418
  • Date: 24 March 2010
  • Public Authority: Electoral Commission
  • Summary: The complainant made a request to the Electoral Commission for information regarding its investigation into allegations that Wendy Alexander MSP’s campaign for leadership of the Labour Party in Scotland had received an illegal donation. The public authority disclosed a quantity of information in response to the request but withheld information relating to the content of its investigation. The public authority subsequently disclosed some further information during the course of the Commissioner’s investigation but continued to withhold information by relying on the exemptions in section 30(1)(a)(i) (investigations and proceedings), section 30(1) (Law enforcement) and section 40(2) (Personal information). The Commissioner has investigated the complaint and has found that the information is exempt under section 30(1)(a)(i) but that the public interest favours disclosure. However the Commissioner also found that the information is exempt on the basis of section 40(2), an absolute exemption, and that therefore the public authority was correct not to disclose it. The Commissioner found that in its handling of the request the public authority breached section 10(1) (Time for compliance with request) and section 17(1) (Refusal of a request) but requires no steps to be taken.
  • View PDF of Decision Notice: [1]