Scope of briefing
The Freedom of Information (Scotland) Act 2002 introduced a right of access to information held by Scottish public authorities. The Act came into force in January 2005. The Scottish Information Commissioner has produced this briefing as part of a series of briefings designed to aid understanding of the Act. It aims to provide an overview of how the Commissioner views section 38 of the Act.
The briefing will be developed over time as the Commissioner receives applications under the Act and the courts make decisions. It is not a comprehensive statement of the exemption and does not constitute legal advice.
The briefing is referenced throughout and, where appropriate, it will recommend additional sources for further reading.