Information otherwise accessible

This briefing provides guidance on the consideration and the application of the exemption under section 25 (Information otherwise accessible) of the Freedom of Information (Scotland) Act 2002 (FOISA), and regulation 6(1)(b) (Form and format of information) of the Environmental Information (Scotland) Regulations 2004 (the EIRs).
Section 25 says that a Scottish public authority does not need to provide information requested under section 1of FOISA if that information is 'reasonably obtainable' to the applicant by other means, even where a fee may be charged.
Section 25 is an absolute exemption, meaning that where information fulfils the relevant criteria, there is no requirement to apply the public interest test.
Where section 25 applies, authorities do not have to supply the information requested, but they must tell the applicant why they believe the information is available through other means. Given public authorities' duties to provide advice and assistance to applicants (under section 15 of FOISA) this will normally include telling the applicant how the information can be obtained.
EIRs regulation 6(1)(b) allows an authority to refuse to provide information in a particular form or format if the information is already publicly available and easily accessible to the applicant in another form or format.

Briefing last updated November 2011.