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Scottish Information Commissioner - Your guide to the Freedom of Information (Scotland) Act
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About SIC
About the Scottish Information Commissioner
Kevin Dunion - the first Scottish Information Commissioner
Promoting your right to information from Scottish public authorities
The Scottish Information Commissioner's Team
The Scottish Information Commissioner's complaints procedure
Strategic and operational plans
Enforcing your right to information held by Scottish public authorities
News
Office of the Scottish Information Commissioner opens in St Andrews.
Authorities seek guidance on 2005 FOI compliance
Statement from the Scottish Information Commissioner regarding the publication of the contract between the Scottish Prison Service and Reliance Secure Task Management Ltd
Central and local government open their files to the public.
Scottish Information Commissioner concludes first case under open government code.
Commissioner to address St Andrews residents.
Journalists expected to take advantage of new information rights.
Scottish Prison Service can withhold Reliance contract details.
Research reveals authorities need to do more for freedom of information.
New year means new rights as freedom of information law comes into effect.
Commissioner launches public Right to Know campaign.
Freedom of Information gets off to a flying start.
Commissioner publishes report on Scottish Executive search for records relating to institutional children’s homes and education.
Scottish Information Commissioner upholds appeal over the release of childhood leukaemia statistics
Scottish Information Commissioner rules that Conservative Parliamentary leader's taxi destinations should be released
Scottish Information Commissioner rules that mortality rates for all surgeons in Scotland should be released
Third survey shows increased public awareness of freedom of information
Scots embrace freedom of information
Commissioner requires disclosure of information on the detention of children at Dungavel
Freedom of Information a success in Scotland
The Act is working - but has the culture changed?
Court of Session upholds Commissioner's Decision
Commissioner requires release of information from Wick Harbour death report
Commissioner welcomes Court ruling in landmark freedom of information case
Launch of Scottish Information Commissioner's Annual Report 2006-07
Commissioner orders release of contract information
New Website Opens Doors to Freedom of Information
Scotland ries to the challenge of freedom of information...but more can be done
Commissioner’s 500th decision orders release of unsolved murder files
Scottish Information Commissioner orders release of NHS Lothian PFI contract
Commissioner calls for public’s right to information to be protected when public services are privatised
Public awareness of FOI is high - but some groups may be lagging behind
Commissioner reappointed
Court of Session rules on Enterprise Act case
Commissioner welcomes release of Reliance contract
Annual Report 2007 publishes first comprehensive data on Freedom of Information appeals
Commissioner wants young people to be more aware of their rights to access information
Commissioner wants older people to be more aware of their rights to information
Commissioner urges people from all backgrounds to be more aware of their rights to information
Forthcoming events involving the Commissioner and his team
Freedom of Information in the news
Scottish Information Commissioner Image Library
Scottish Information Commissioner media team
Latest news from the Scottish Information Commissioner
News Releases
The Scottish Information Commissioner's policy on accepting speaking engagements
Newsletter
Inform Newsletter - July 2007
Inform Newsletter - September 2007
InformNewsletterJanFeb2008
Inform Newsletter March April 2008
Inform Newsletter November 2007
The Scottish Information Commissioner's Newsletter
The Scottish Information Commissioner's Newsletter
SIC Procurement
Working for the Commissioner
SIC Publication Scheme
Cost of information from the publication scheme
Improvements to the publication scheme
Copyright for information in the publication scheme
Access to information not covered by the publication scheme
Information not available through the publication scheme
Design of the scheme
Obtaining information included in the publication scheme
Records management and archiving policy
Responsibility for the publication scheme
Access information produced by the Scottish Information Commissioner
Publication Scheme Search Hints
SIC Recruitment
Vacancies within the Scottish Information Commissioner's team
SIC Reports
Annual reports of the Scottish Information Commissioner
Annual Report 2007
Other Reports
Other Reports of the Scottish Information Commissioner
Research
Report from the Research Conference November 2007
Public authorities: are they ready for Freedom of Information?
Scotland’s new Freedom of Information (FOI) legislation: Research released today (22 March 2004) by the Scottish Information Commissioner and TSO (The Stationery Office).
How much do the Scottish public know about Freedom of Information and their new rights?
November 2006 - the Act is working but has the culture changed?
Public awareness of FOI is high, but some groups may be lagging behind
How aware are the public of Scotland’s new Freedom of Information (FOI) legislation?
Freedom of Information - is there now greater awareness of the new rights?
Scotland rises to the challenge of FOI...but more can be done
2nd International Conference
Report from 2nd International Information Commissioners' Conference, Cape Town, South Africa
2nd International Conference Representation - Canada
2nd International Conference Representation - Estonia
2nd International Conference Representation - France
2nd International Conference Representation - Germany (Berlin)
2nd International Conference Representation - Germany (Brandenburg)
2nd International Conference Representation - Hungary
2nd International Conference Representation - Mexico
2nd International Conference Representation - Portugal
2nd International Conference Representation - Scotland
2nd International Conference Representation - South Africa
2nd International Conference Representation - Sweden
2nd International Conference Representation - United Kingdom
2nd International Conference Representation - USA (Conneticut)
2nd International Conference Representation - USA (Department of Justice)
Law
Freedom of Information (Scotland) and Environmental Information (Scotland) Regulations
EIRs
Differences between EIRs and FOISA
Access to environmental information
The Scottish Information Commissioner's role - EIRs
Public authorities and bodies covered by the EIRs
Definition of Environmental Information
FOISA
Freedom of Information (Scotland) Act 2002
Schedule 1 - Scottish Public Authorities
Schedule 2 - The Scottish Information Commissioner
Schedule 3 - Powers of entry and inspection
Schedule 4 - Scottish Public Services Ombudsman Act
FOISA Part 1
Duty to Provide Advice and Assistance
Amendment of Schedule 1
Content of Certain Notices
Effect of Exemptions
Excessive Cost of Compliance
Fees
Fees for Disclosure in Certain Circumstances
Access to information held by Scottish public authorities
Further Power to designate Scottish Public Authorities
General Entitlement
Notice that Information is Not Held
Public Authorities to which Act has Limited Application
Model Publication Schemes
Means of Providing Information
Publication Schemes
Publicly-owned Companies
Special Provisions Relating to Records Transferred to Keeper
Refusal of Request
Requesting Information
Further Provision as Responses to Request
Review by Scottish Public Authority
Requirement for Review of Refusal etc
Scottish Public Authorities
Time for Compliance
Vexatious or Repeated Requests
FOISA Part 2
Audit Functions
Commercial Interests and the Economy
Communications with Her Majesty etc. and Honours
Prejudice to Effective Conduct of Public Affairs
Confidentiality
Court Records, etc
Exempt Information
Health, Safety and the Enviroment
Information Intended for Future Publication
Information Otherwise Accessible
International Relations
Investigations by Scottish Public Authorities and Proceedings Arising Out of Such Investigations
Law enforcement
National Security and Defence
Personal Information
Prohibitions on Disclosure
Relations within the United Kingdom
Formulation of Scottish Administration Policy etc
FOISA Part 3
Confidentiality of Information Obtained by or Furnished to Commissioner
The Scottish Information Commissioner
General Functions of Commissioner
Recommendations as to Good Practice
Laying of Reports
The Scottish Information Commissioner
FOISA Part 4
Appeal Against Notices Under Part 4
Application for Decision by Commissioner
Commissioner's Decision
Enforcement Notices
Exception From Duty to Comply with Certain Notices
Failure to Comply with Notice
Enforcement of FOISA
Information Notices
No Civil Right of Action Against Scottish Public Authority
Powers of Entry and Inspection
When Application Excluded
FOISA Part 5
Falling Away of Exemptions with Time
Historical Records and FOISA
The Expression 'Historical Record'
Power to Vary Periods Mentioned in Sections 57 and 58
FOISA Part 6
Codes of Practice as to Functions Under this Act
Codes of Practice
Code of Practice as to the Keeping, Management and Destruction of Records
FOISA Part 7
Amendment of Public Records (Scotland) Act 1937
Amendment of Scottish Public Services Ombudsman Act 2002
Commencement
Disclosure of Information to Scottish Public Services Ombudsman or to Information Commissioner
Exercise of Rights by Children
Miscellaneous and supplemental provisions of FOISA
Giving of Notice etc.
Interpretation
Offence of Altering etc. Records with Intent to Prevent Disclosure
Orders and Regulations
Power to Amend or Repeal Enactments Prohibiting Disclosure of Information
Power to Make Provision Relating to Environmental Information
Protection from Actions for Defamation
Saving for Existing Powers of Disclosure
Scottish Parliament and Scottish Administration
Short title
Guidance
Guidance on FOISA and the EIRs
Section 14
Sectio 14 Overview
Section 25
Exemptions - Information otherwise accessible (section 25)
Section 26
Exemptions - Prohibitions on disclosure (section 26)
Section 27
Exemptions - Information intended for future publication (section 27)
Section 28
Exemptions - Relations within the United Kingdom (section 28)
Section 29
Additional Issues of Relevance
Appendix: Section 29
Consideration of the Public Interest Test
Definition of Key Terms
Implementation Issues
Overseas Experience
Scope of Briefing
Exemptions - Formulation of Scottish Administration Policy (section 29)
Sources
Type of Exemption
Updates
What does the Act say?
Section 30
Exemptions – Prejudice to effective conduct of public affairs (section 30)
Section 31
Exemptions - National Security and Defence (section 31)
Section 32
Exemptions - International Relations (section 32)
Section 33
Exemptions - Commercial interests and the economy (section 33)
Section 34
Appendix 1: Section 34
Appendix 2: The purposes listed in Section 35(2)
Consideration of the public interest test
Decision to withhold: content of the decision notice
Duration
Implementation issues
Overlap with other exemptions
Overseas experience
Purpose of the exemptions
Background on the role of the Procurator Fiscal
Scope of briefing
Scope of the exemptions
Exemptions - Investigations by Scottish Public Authorities (section 34)
Sources
Type of exemption
Updates
What does the Act say?
Section 35
Appendix: Section 35
Decision to withhold: content of decision notice
Duration
Further Reading
Key terms and concepts
Overlap with other exemptions
Overseas experience
Scope of briefing
Exemptions - Law Enforcement (section 35)
Sources
Type of exemption
Updates
What does the Act say?
Who can use this exemption?
Section 36
Actionable breach of confidence
Appendix: Section 36
Confidentiality of communications
Consideration of the public interest test
Duration
Further consideration of the public interest test
Further reading
New contracts entered into by Scottish public authorities: Section 60 Code
Overseas experience
Relationship with the EU Procurement Regulations
Scope of Briefing
Exemptions – Confidentiality (section 36)
Sources
Updates
What does the Act say?
Section 37
Exemptions - Court Records (section 37)
Section 38
Appendix: Section 38
Definition of key terms and concepts
Further reading
Implementation issues
Overseas experience
Scope of Briefing
Exemptions - Personal information (section 38)
Sources
The public interest test
Type of exemption
Updates
What does the Act say?
Section 39
Appendix: section 39
Consideration of the public interest test
Duration
Overseas experience
Scope of briefing
Exemptions - Health, Safety and the Environment (section 39)
Section 39(1): information endangering health and safety
Section 39(2): environmental information
Sources
Type of exemption
Updates
What does the Act say?
Section 40
Exemptions - Audit Functions (section 40)
Section 41
Exemptions - Communications with Her Majesty etc. and Honours (section 41)
The Public Interest Test
Applying the Public Interest Test
Further Reading
Key Concepts and Implementation Issues
Scope of Briefing
Sources
Summary
The Public Interest Test
Updates
What Does the Act Say?
FOISA - EIRs Links
Comparative Table
Useful links for the Freedom of Information (Scotland) Act 2002
Personal Information
Access to personal information about yourself and others
Access to personal information about others
Access to personal information about yourself
Scottish Public Authorities
Resources to help with Records Management
Scottish Public Authorities where you have the right to information
Complying with FOISA
Publication Schemes
Guidance on publication schemes for Scottish public authorities
Approved model publication schemes for public authorities
Revising a Publication Scheme
Online Publication Schemes
A - C
D - F
G - J
K - N
O - R
Access to online publication schemes
S - V
W - Z
Responding to a Request
Scottish public authorities responding to information requests
APPENDICES
Step 1: Request is received
Step 2: Responding to a section 1 request
Step 3: Request for review is received
Step 4: Carrying out a review
Step 5: Dealing with vexatious or repeated requests
Your Rights
Your Rights publications
Response Calculator
Response Calculator Details
Translations
Guidance about your rights to access public and environmental information
About Your Rights Overview
An introduction to publication schemes
Information covered by your rights of access
Your rights to information from Scottish public authorities
Which Scottish public authorities can you ask for information?
How to Appeal
How to appeal to the Scottish Information Commissioner
Complaining about a decision made by the Scottish Information Commissioner
Advice on appealing to the Scottish Information Commissioner
How to ask an authority to review its reply to you
Making a Request
When you might have to pay a fee
Requesting information from the Environmental Information (Scotland) Regulations
Information exempt from the Freedom of Information (Scotland) Act
How to request information from a Scottish public authority
Quick 3 Step Guide
Advice on appealing to the Scottish Information Commissioner
Sample letter for making an appeal
Advice on requesting information from a Scottish public authority
Sample letter for requesting information
Advice on requesting a review of the authorities response
Sample letter for requesting a review
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