Scottish Information Commissioner investigations information: FOI release

Information requested

1) Since January 1st 2020, how many times has the Scottish Government not handed over information to the Scottish Information Commissioner for investigations due to exercising section 50(5) of the FOISA act?

2) Can you please cite the SIC decision number and FOI reference number concerning these?

Response

I have taken each of your questions and answered them in turn.

1) Since January 1st 2020, how many times has the Scottish Government not handed over information to the Scottish Information Commissioner for investigations due to exercising section 50(5) of the FOISA act?

There have been 4 occasions in total.

To summarise there have been 2 of which where a decision has been made by the Scottish Information Commissioner (OSIC) and at the time of receiving your request there are currently 2 current 'live', ongoing, cases where no final decision has been made by the Commissioner.

2) Can you please cite the SIC decision number and FOI reference number concerning these?

As at 3rd May 2025, there were 2 cases whereby the appeal was complete and a decision made by OSIC. Full details are provided below:

Decision 193/2024: FoI reference 202400394394 (Scottish Information Commissioner (OSIC) appeal reference 202400275) - otherwise accessible: Decision 193/2024 | Scottish Information Commissioner

Decision 065/2025: FoI reference 202400394397 (OSIC appeal reference 202400276) - otherwise accessible: Decision 065/2025 | Scottish Information Commissioner

Some of the information you have requested is available from the Scottish Information Commissioner's (OSIC) website and I have provided the links to the specific Decision notices above. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

There were 2 'live' appeal cases, at the time your request was received and therefore no final decision by the Commissioner had been made, therefore no OSIC Decision Number is held for these cases and this part of question 2 is refused under section 17(1) of FoI(S)A as this information is not held by the Scottish Government. We are only able to provide information as it is held by Scottish Government up to the date any given request for information is received.

I have provided the FOI reference number, as requested, of those specific cases below for completeness.

FoI reference - 202500450595 (OSIC appeal reference 202500309)
FoI reference - 202300354496 (OSIC appeal reference 202300617)

It has come to light that since receiving your request for information on May 3rd 2025, a decision has now been made to one of the 'live' cases referenced above. Whilst the details of this Decision Notice remains out of scope of your initial request I can provide the details under section 15(1) of FoI(S)A, our duty to provide advice and assistance, and is provided out with the legislation for this request.

The Decision Notice issued is that of Decision 128/2025: FoI reference - 202500450595 (OSIC appeal reference 202500309)

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.