Freedom of Information (Scotland) Act 2002: Difference between revisions
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The law differs slightly from the UK FOI Act. Main differences: | 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 | * 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. | * 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 contains explicit mention of disability access rights | * FOISA contains explicit mention of disability access rights | ||
* FOISA lists the duties incumbent on a body which does not have the information requested | * FOISA lists the duties incumbent on a body which does not have the information requested | ||
Revision as of 23:44, 13 July 2008
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.
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 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
