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

This page provides details of the guidance we publish across this website.   

Using your rights to ask for information
 The Your Rights section provides practical advice and resources to help requesters make the best use of their FOI rights. 

Key concepts FOISA briefings EIRS briefings
Information not held  Information not held  Information not held
Charging for information Charging a fee and excessive costs of compliance Charging for environmental information
The public interest test  The public interest test
The public interest test
Vexatious or manifestly unreasonable requests Vexatious or repeated requests Manifestly unreasonable requests

Issue briefings
 Information or documents - can a request specify documents?
 Name of requester or applicant - why is it important to give the name of the person making the request important?
 Are verbal requests valid? - Can requests be made by telephone or voicemail?
 Content of notices - what must a response to an information request contain?

Right First Time Poster ThumbnailFOI - Get it right first time poster - Downloadable poster giving practical advice for public bodies on responding promptly and effectively to the information requests they receive (PDF - 145kB).

Contact us if you'd like to request a hard copy of this poster.

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  Exemption Briefing Series (FOISA)
We're reviewing and updating our briefings, separating out our guidance on FOISA and the EIRs. The FOISA briefings in this table have been fully updated. We're now working on guidance on the EIRs exceptions and adding the new briefings to the EIRs table below.
  Information Otherwise Accessible - Section 25
  Prohibitions on Disclosure - Section 26
  Information Intended for Future Publication - Section 27
  Relations within the United Kingdom - Section 28
  Formulation of Scottish Administration Policy - Section 29
  Prejudice to Effective Conduct of Public Affairs - Section 30 
  National Security and Defence - Section 31 
  International Relations - Section 32
  Commercial Interests and the Economy - Section 33
  Investigations by Scottish Public Authorities - Section 34
  Law Enforcement - Section 35
  Confidentiality - Section 36
  Court Records - Section 37

NEW Personal information (section 38)

  Health, Safety and the Environment - Section 39
  Audit Functions - Section 40
 Communications with Her Majesty etc. and Honours - Section 41

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 Briefings on Environmental Information and the Environmental Information (Scotland) Regulations (EIRs)
  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
  Differences between EIRs and FOISA
  Guidance for bodies not covered by FOISA

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  Exception Briefing Series (EIRs)
We're producing new detailed briefings on all of the exceptions. If we've not yet published the guidance you need, please refer to our guidance in the Exceptions section of this website. You can also contact uswe're happy to help.
Information not held - Regulation 10(4)(a)
Manifestly unreasonable requests - Regulation 10(4)(b)
Requests which are too general - Regulation 10(4)(c)
Internal communications - Regulation 10(4)(e)
International relations, national security - Regulation 10(5)(a)    
Course of Justice, ability to receive a fair trial, etc. - Regulation 10(5)(b)
Intellectual property rights - Regulation 10(5)(c)
Third party interests - Regulation 10(5)(f)
Protection of the environment - Regulation 10(5)(g)

NEW  Personal data - Regulation 11                                    

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Briefings on Legislation 

PDF icon  Differences between FOISA and the UK FOI Act

PDF icon Differences between EIRS and FOISA

 The Freedom of Information (Scotland) Amendment Act 2013 Briefing Note - Updated December 2013PDF icon

 Scottish Government's Section 60 Code of Practice on the discharge of functions under the FOI Act and the EIRs (link to external website)

 Scottish Government's Section 61 Code of Practice on records management (link to external website)

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  Our 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 iconEnforcement Policy

Intervention Procedures
This document sets out the procedures that the Commissioner will follow to apply her Enforcement Policy on non-compliance with FOI legislation.

PDF iconIntervention Procedures

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

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 iconCommissioner's Investigations Handbook

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

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

 Enquiries Guidance and ProceduresPDF 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

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