Exemptions

The Scottish Information Commissioner aims to be as open as possible.  However, information may be withheld from any of the classes of information listed in our publication scheme, where he considers that the disclosure may fall within one of the exemptions contained in the Act.  For example, he may withhold information which might substantially prejudice the commercial interests of an organisation, or which would breach the law on confidentiality.  He will also withhold information which is classed as personal data under the Data Protection Act 1998.  If you want to know more about how exemptions work under the Act, guidance on each exemption can be found under the "Publications and Guidance" class of information on the scheme - or look at our online briefings.

Confidentiality of Information Obtained by/Furnished to the Commissioner

It is worth being aware that Section 45 of the Act limits the release of information obtained by or given to the Commissioner for the purposes of the Act.  This means that information collected by the Commissioner and his staff, in the course of investigating a case, cannot usually be released by his office - and in fact disclosure of such information would be an offence. 

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