Issuing of decisions - press statement

2021 election

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30 March 2016

The Commissioner has sent a statement to the Presiding Officer of the Scottish Parliament. The statement concerns an email sent by her office to two applicants (Mr McEnaney and another applicant) advising that a decision on their applications was likely to be delayed.

The statement, published below in full with related correspondence, acknowledges with regret that the email was both misleading and premature. An apology and clarification have been issued to both applicants.


Letter from Scottish Information Commissioner to Presiding Officer - 30 March 2016

Scottish Information Commissioner's statement to Presiding Officer - 30 March 2016

Related correspondence

Apology to Mr McEnaney - 30 March 2016

Apology to second applicant - 30 March 2016

Clarification to Mr McEnaney (includes second response to journalist) - 23 March 2016

Email to journalist from investigator - 22 March 2016

Email to Mr McEnaney from investigator - 22 March 2016

Information requests

In her statement, the Commissioner undertook to publish as much information as she could in response to information requests about the matter. The four requests asked for information about:

  • internal consideration of purdah rules and perceptions of the Commissioner's impartiality;
  • communications, briefings or meetings involving the Scottish Government about purdah;
  • the number of cases likely to be affected; and
  • our written procedures.

Our responses

Wherever possible, we have disclosed the requested information.

We have withheld some information and explained why. In most cases this is because of restrictions placed on the Commissioner by section 45 of the Freedom of Information (Scotland) Act 2002, This section makes it a criminal offence for the Commissioner, or her staff, to disclose information gained for the purposes of an investigation. As this is a restriction, but not an exemption, we have applied section 30(c) of the Act (substantial prejudice to the conduct of public affairs) to this information.

Other information has been withheld because:

  • the requester already has access to it (section 25);
  • it contains internal advice (section 30(b)); or
  • it contains third party personal data (section 38(1)(b)).

Request 1 - Case reference 201600535

201600535 Response letter

201600535 Schedule of documents

201600535 Documents

Request 2 - Case reference 201600566

201600566 Response letter

Request 3 - Case reference 201600549

201600549 Response letter

201600549 Schedule of documents

201600549 Documents

Request 4 - Case reference 201600533

201600533 Response letter

201600533 Schedule of documents

201600522 Documents 1-31

201600533 Documents 32-101


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