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Freedom of Information in Scotland in Practice$
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Kevin Dunion

Print publication date: 2011

Print ISBN-13: 9781845861223

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861223.001.0001

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Key Issue 3

Key Issue 3

Government Information – The Extent of Special Protection

(p.331) Chapter 5 Key Issue 3
Freedom of Information in Scotland in Practice

Kevin Dunion

Edinburgh University Press

This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on the extent of special protection afforded to government information. There are a number of specific exemptions in the Freedom of Information (Scotland) Act 2002 (FOISA) which apply only to information held by or concerning the interests of the Scottish Administration. There are also provisions in FOISA which apply to other authorities but not to the Scottish Administration or which can be overridden by powers available only to Ministers. The privileged provision in FOISA which is most commonly used by Ministers is that concerning the formulation or development of government policy. Once it has been established that information is within the scope of the exemption, then the issue is whether it is in the public interest to disclose or withhold all or some of the information.

Keywords:   freedom of information, Scotland, government information, exemptions, Freedom of Information (Scotland) Act 2002, government policy, public interest

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