The Conduct of Investigations
The Conduct of Investigations
This chapter provides an overview of how the Scottish Information Commissioner conducts investigations to determine whether the country’s public authorities have dealt with requests for information in accordance with the freedom of information laws. The investigation is initiated when a person who is dissatisfied with a response (or lack of response) from a public authority to a request makes an application to the Commissioner for a decision (also known as ‘appeals’). On rare occasions a third party may be contacted regarding a case which involves them. The Commissioner may ‘endeavour to effect a settlement’ of a case under the Freedom of Information (Scotland) Act 2002 (FOISA). No decision is required if the application is withdrawn, settled, abandoned, and frivolous or vexatious. This chapter discusses the key considerations when validating an application and how the Commissioner manages cases and conducts technical investigations as well as full investigations, how he comes to a conclusion, how decisions are approved, what a decision notice should contain, and compliance with the notice.
Keywords: investigations, public authorities, Scottish Information Commissioner, request for information, freedom of information, third party, settlement, Freedom of Information (Scotland) Act 2002, decision notice
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