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Section 27

Information intended for future publication

  • The briefing below provides guidance on the consideration and application of the exemptions under section 27 of the Freedom of Information (Scotland) Act 2002 (FOISA) and the exception under regulation 10(4)(d) of the Environmental Information (Scotland) Regulations 2004 (the EIRs).
  • Section 27 of FOISA is comprised of two exemptions and describes two different circumstances in which information may be exempt from disclosure. Both exemptions relate to information the authority already intends to publish when the request for information is received.
  • The exception in regulation 10(4)(d) of the EIRs relates to information still in the course of completion.
  • Each of the FOISA exemptions and the EIR exception are subject to the public interest test.

The briefing is intended to provide general guidance on the interpretation and application of the relevant section. Please remember that all requests for information must be considered on a case by case basis, and the Commissioner's decision is made on the basis of the specific circumstances of each case.

PDF iconFuture publications briefing (PDF - 543kb)

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