Freedom of Information (Scotland) Act 2002: Difference between revisions
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Revision as of 15:55, 13 December 2011
Freedom of Information (Scotland) Act 2002
This Act covers Scottish public authorities. Also known as FOISA.
The law differs slightly from the UK FOI Act. Main differences:
- Scottish test for public interest is stated in terms of "substantial prejudice" rather than "prejudice" making it stronger
- FOISA imposes a stricter time limit in cases where public interest has to be considered - the total time for the request must by within 20 days, including the consideration of the public interest test.
- FOISA contains explicit mention of disability access rights
- FOISA lists the duties incumbent on a body which does not have the information requested
- FOISA provides for an objective test (rather than "the reasonable opinion of a qualified person") to determine if the public interest means information should be withheld.
- A comprehensive list of all the public authorities covered by FOISA in Schedule I of the Act
- A separate list of public authorities covered by Section 6 of FOISA (ie wholly owned companies) is also available.
- To link to this legislation, try
- Short title: Freedom of Information (Scotland) Act 2002
- Legislation ID: asp/2002/13
- Revised text on legislation.gov.uk: contents; full text
- Freedom of Information (Scotland) Act 2002 on SLD
- Scottish Information Commissioner: http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp
- Guidance on FOISA exemptions: http://www.itspublicknowledge.info/Law/FOISA-EIRsGuidance/Briefings.asp
The exemptions are similar to the UK FOI exemptions. There are differences in the numbering system however, so check carefully under which law the public authority has responded.
- Section 14 Vexatious or repeated requests
- Section 25 Information otherwise accessible
- Section 26 Prohibitions on disclosure
- Section 27 Information intended for future publication
- Section 28 Relations within the United Kingdom
- Section 29 Formulation of Scottish Administration policy etc.
- Section 30 Prejudice to effective conduct of public affairs
- Section 31 National security and defence
- Section 32 International relations
- Section 33 Commercial interests and the economy
- Section 34 Investigations by Scottish public authorities and proceedings arising out of such investigations
- Section 35 Law enforcement
- Section 36 Confidentiality
- Section 37 Court records, etc.
- Section 38 Personal information
- Section 39 Health, safety and the environment
- Section 40 Audit functions
- Section 41 Communications with Her Majesty etc. and honours