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Freedom of Information in Scotland in Practice

Kevin Dunion

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The only in-depth guide to Scotland’s access to information regime

Written by Kevin Dunion, the first Scottish Information Commissioner, this uniquely informed text provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. Fully referenced to the Commissioner’s own decisions and court judgements, it also considers in detail key issues of interpretation since the law came into effect. It is an essential handbook for anyone working with or using freedom of information law in Scotland.

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Contents

Foreword
Preface
Author’s Introductory Note
Table of Decisions
Table of Cases
Table of Legislation
Part I: The Law in Practice
1. The Freedom of Information (Scotland) Act 2002
2. Environmental Information
Appendix 1. EIRS and FOISA – The Key Differences
Part II: Key Issues of Interpretation
3. Key Issue 1: Not a Class Apart – Why a Class-based Approach Cannot be Taken to Contents-based Exemptions
4. Key Issue 2: Where is the Harm? – Applying Contents-based Exemptions and Exceptions
5. Key Issue 3: Governmental Information – The Extent of Special Protection
6. Key Issue 4: Personal Information – Dealing with Third-Party Data
7. Key Issue 5: Who Wants to Know? – Issues Concerning the Identity of the Applicant
8. Key Issue 6: Charging for Information – Now and in Future
Part III: Compliance and Good Practice – The Commissioner’s Role
9. The Conduct of Investigations
10. Practice Assessments
11. Publication Schemes
Appendix 2: Model Publication Scheme 2011
Part IV: Afterword
12. The State of Freedom of Information in Scotland
Appendix 3: Scottish Ministers’ Code of Practice on the Discharge of Functions by Scottish Public Authorities
Index.

About the Author

Kevin Dunion headed Friends of the Earth Scotland for over a decade, in which time he was also Chairman of Friends of the Earth International. An Honorary Senior Research Fellow of the Department of Environmental Planning at the University of Strathclyde, he has served on the Scottish Executive’s Cabinet Sub-committee for a sustainable Scotland and on the Board of Scottish Natural Heritage.He has now been appointed by the Scottish Parliament to be the first Scottish Information Commissioner.