FOISA Education Council Incorrectly Relies On Confidentiality Exemption

The Freedom of Information (Scotland) Act 2002 (FOISA) gives individuals the right to ask for, and be given, any kind of recorded information from public authorities in Scotland. However, public authorities have the right to refuse an information request in certain circumstances, including when the information is exempt under FOISA. An exemption commonly used by public authorities is that of confidential information - as was the case in circumstances surrounding the recent decision of the Scottish Information Commissioner (SIC). FOISA provides that information is exempt if it was obtained by a Scottish public authority from another person and its disclosure to the public would constitute a breach of confidence actionable by that person.

What happened?

An individual named Mr Brown made an information request under FOISA to the Scottish Further and Higher Education Funding Council (SFC). Mr Brown had requested the names of individuals who had been interviewed in relation to a report (prepared on behalf of the SFC) on the...