Freedom of Information (Scotland) Act 2002: Difference between revisions
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This Act covers Scottish public authorities. Also known as FOISA. | This Act covers Scottish public authorities. Also known as FOISA. | ||
The law differs slightly from the UK FOI Act. Main differences: | The law differs slightly from the {{ukpga|2000|36|UK FOI Act}}. Main differences: | ||
* Scottish test for public interest is stated in terms of "substantial prejudice" rather than "prejudice" making it stronger | * 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|public interest test]]. | * 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|public interest test]]. | ||
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* A [[FOISA Schedule I - Public Authorities|comprehensive list of all the public authorities covered by FOISA]] in Schedule I of the Act | * A [[FOISA Schedule I - Public Authorities|comprehensive list of all the public authorities covered by FOISA]] in Schedule I of the Act | ||
* A separate [[FOISA Section 6 - Wholly owned companies|list of public authorities covered by Section 6 of FOISA]] (ie wholly owned companies[http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=2002&number=13&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=599972&ActiveTextDocId=599982&filesize=2647]) is also available. | * A separate [[FOISA Section 6 - Wholly owned companies|list of public authorities covered by Section 6 of FOISA]] (ie wholly owned companies[http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&Year=2002&number=13&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=599972&ActiveTextDocId=599982&filesize=2647]) is also available. | ||
== Legislative information == | |||
{{Legislation|Type=asp|Year=2002|Number=13}} | |||
== Links == | == Links == |
Revision as of 22:59, 8 May 2010
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[1]) is also available.
Legislative information
- To link to this legislation, try
{{asp|2002|13}}
. - Short title:
- Legislation ID: asp/2002/13
Links
- Official legislation text: http://www.opsi.gov.uk/legislation/scotland/acts2002/plain/asp_20020013_en
- Scottish Information Commissioner: http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp
- Guidance on FOISA exemptions: http://www.itspublicknowledge.info/Law/FOISA-EIRsGuidance/Briefings.asp
Exemptions
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