Jump to ContentJump to Main Navigation
Freedom of Information in Scotland in Practice$
Users without a subscription are not able to see the full content.

Kevin Dunion

Print publication date: 2011

Print ISBN-13: 9781845861223

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861223.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 15 October 2019

Key Issue 1

Key Issue 1

Not a Class Apart – Why a Class-based Approach Cannot be Taken to Contents-based Exemptions

Chapter:
(p.307) Chapter 3 Key Issue 1
Source:
Freedom of Information in Scotland in Practice
Author(s):

Kevin Dunion

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861223.003.0003

This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on the approach which could properly be taken to the exemptions protecting the free and frank provision of advice and exchange of information at s 30(b)(i) and (ii) of the Freedom of Information (Scotland) Act 2002 (FOISA). At issue was whether contents-based exemptions could be claimed in respect of all advice given by officials, almost irrespective of content. The Scottish Information Commissioner took the view that a quasi-class-based approach to a contents-based exemption was contrary to statute. The key decision which brought this issue to a head was Mr William Alexander and the Scottish Executive. This chapter analyses the case-by-case approach to the ‘harm’ test used to determine whether the harm claimed by authorities regarding contents-based vs class-based exemptions stands up to scrutiny.

Keywords:   freedom of information, Scotland, exchange of information, Freedom of Information (Scotland) Act 2002, contents-based exemptions, Scottish Information Commissioner, Mr William Alexander and the Scottish Executive, harm test, class-based exemptions

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.