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Scotland Office

  • Date 31 March 2016
  • Sector Local government
  • Decision(s) FOI 27: Not upheld, FOI 40: Not upheld

The complainant has requested information relating to a memorandum that was leaked to the media. The Scotland Office refused the request in reliance on the exemptions at sections 27(1)(a), 27(2) and 40(2) of the FOIA. The Commissioner’s decision is that the Scotland Office was entitled to rely on the exemptions at sections 27(1)(a) and 40(2) of the FOIA in respect of most the withheld information. However the Commissioner also finds that some of the information is not exempt and ought to be disclosed to the complainant. The Commissioner requires the public authority to disclose to the complainant the information relevant to the complainant’s request as indicated in the Scotland Office letter to the Commissioner dated 26 February 2016.