Briefings and guidance

The 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. 

Subscribe to our Publications RSS Feed to receive updates on new or revised guidance straight to your computer.

What are you interested in?

• What's new? - New or recently updated briefings and guidance
• Briefings on key concepts in FOISA
• Briefings on FOISA exemptions and EIR exceptions  
• Guidance on Environmental Information and the EIRs
• Briefings comparing different legislation
• Guidance on procedures

What's new?
Subscribe to our News RSS Feed to receive alerts straight to your computer. Information 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
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
Briefing Note on the Freedom of Information (Amendment) (Scotland) Act 2013 (PDF - 142kB)

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Guidance on procedures
The Commissioner's Enforcement and Investigations Procedures (Pdf - 648Kb) NOTE: The above version of the Commissioner's Enforcement and Investigations Procedures is not the most current version. Changes were made in November 2012, but this version has not been published, as the document still contains marked changes, etc. A full review of the procedures is planned for early 2013/14, after which the revised procedures will be published. In the meantime, if you would like a copy of the November 2012 procedures, email enquiries@itspublicknowledge.info or call our Enquiries line on (01334) 464610.
The Commissioner's Investigations: A Guide for Scottish Public Authorities - UPDATED JANUARY 2011 (Pdf - 169Kb)
The Commissioner's Enquiry Procedures: General enquiries and information requests (PDF - 183 kB)
The Commissioner's Information Charging Policy (PDF - 93kB)

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