The Scottish Information Commissioner - It's Public Knowledge
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Briefings and guidance

Arrow IconThe Commissioner has created a range of briefings and guidance to help public authorities understand their obligations under FOISA and the EIRs, and handle requests effectively and professionally.  These resources will also help users of FOI understand the legislation and make effective use of it.  Our full range of current briefings and guidance is listed below, plus links to some relevant Guidance produced by others, including Codes of Practice published by Scottish Ministers. 

If you think there are any gaps in our suite of briefing and guidance publications, or you have specific enquiries you would like help with, please email us or call the Commissioner's Office on 01334 464610. 

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PDF iconInformation Requests and voicemail/telephone calls (PDF - 97.6 kB)

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Key Concept Briefing Series
Fees and Excessive Cost of Compliance - Sections 9,12 &13; Regulation 8
The Public Interest Test
Vexatious or Repeated Requests - Section 14
Guidance on validity of requests following Court of Session Opinion ('True applicant' and requests for 'documents')
Scottish Ministers' Code of Practice on the Discharge of Functions under the Act - Section 60

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  Exemption Briefing Series (FOISA and EIRs)
  Information Otherwise Accessible - Section 25
  Prohibitions on Disclosure - Section 26
  Information Intended for Future Publication - Section 27 & Regulation 10(4)(d)
  Relations within the United Kingdom - Section 28
  Formulation of Scottish Administration Policy - Section 29 & Regulation 10(4)(e)
  Prejudice to Effective Conduct of Public Affairs - Section 30 & Regulation 10(4)(e)
  National Security and Defence - Section 31 & Regulation 10(5)(a)
  International Relations - Section 32 & Regulation 10(5)(a)
  Commercial Interests and the Economy - Section 33; Regulations 10(5)(e) & 10(5)(f)
  Investigations by Scottish Public Authorities - Section 34 & Regulation 10(5)(b)
  Law Enforcement - Section 35 & Regulation10(5)(b)
  Confidentiality - Section 36; Regulations 10(5)(b) &10(5)(e)
  Court Records - Section 37 & Regulation 10(5)(b)
  Personal Information - Section 38 & Regulation 11
  Health, Safety and the Environment - Section 39; Regulations 10(5)(a) & 10(5)(g)
  Audit Functions - Section 40
  Communications with Her Majesty etc. and Honours - Section 41

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 Briefing on Environmental Information and the EIRs
PDF icon   Environmental Information Guidance - downloadable copy (pdf - 1.89Mb)  
  Introduction to the EIRs
  Definition of Environmental Information
  Public authorities and bodies covered by the EIRs
  Obligations under the EIRs
  Handling requests under the EIRs
  Exceptions
 Differences between EIRs and FOISA

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Briefing on Legislation 
 Differences between EIRs and FOISA
 Differences between FOISA and FOIA
 The Freedom of Information (Scotland) Amendment Act 2013 Briefing Note - Updated December 2013PDF icon (PDF - 142kB)

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  Guidance on procedures

Our enforcement policy
The Commissioner's enforcement policy sets out our approach to enforcing freedom of information law in Scotland.  The policy states what will be enforced, and the outcomes we aim to achieve.

PDF iconThe Commissioner's Enforcement Policy (PDF - 99 kB)

Responding to Information Requests
Responding to Information Requests: Guidance and Procedures sets out how the Commissioner’s team respond to requests made to us under FOISA, the EIRs and DPA.  It provides advice and guidance to our staff on how to respond to requests and about good FOI practice. The structure of the guidance complements our Self-assessment Toolkit, enabling us to review all or parts of it periodically, to ensure we maintain good practice standards.

PDF iconResponding to Information Requests: Guidance and Procedures (PDF - 488 kB)

Our investigation procedures
We carried out out a detailed review of our procedures when undertaking investigations during 2013/14. Our new procedures are set out in the Commissioner's Investigations Handbook:

PDF iconThe Commissioner's Investigations Handbook (PDF - 405 kB)

As part of our new investigations procedures, the Commissioner will ask all public authorities submitting documentation in relation to an appeal to also submit a 'schedule of documents'. This will set out the type of document being submitted, and the reason(s) for any non-disclosure of information. You can download a "schedule of documents" form below:

Excel FileSchedule of Documents Form (Excel - 18kB)

PDF icon The Commissioner's Investigations: A Guide for Scottish Public Authorities (Pdf - 169 Kb)

Our enquiry procedures 
These set out our approach in handling the many hundred enquiries we receive each year.

 Enquiries Guidance and Procedures (PDF - 183 kB)PDF icon

Our information charging policy
This sets our our policy in relation to charging for the information requests we receive.  We very rarely charge fees when responding to a request. 

PDF icon The Commissioner's Information Charging Policy (PDF - 93kB)

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