Refusal of a request

If the authority decides that the information requested is exempt information, it must send out a Refusal Notice confirming that it has the information and explaining why it is exempt. However, under section 17(3) of the Freedom of Information (Scotland) Act 2002 (FOISA), the authority is not obliged to explain why the information is exempt if this would result in the disclosure of exempt information. If the authority does not hold the information requested, it must give the applicant notice in writing stating that it does not hold the information. However, under section 18 of the FOISA it can refuse to confirm or deny that it has the information, if certain exemptions apply and the authority considers that to reveal whether or not the information exists would be contrary to the public interest. In these circumstances the authority may issue a refusal notice.

An applicant who is dissatisfied with the handling of their request can require the authority to review its actions and decisions. Like a request for information, a requirement for review must be made in a permanent form. It must be submitted within 40 working days of:

• the expiry of the period for responding to the original request; or
• the authority’s response, if that was made after expiry of the period allowed

Authorities have 20 working days in which to respond to a requirement for review (30 for information contained in a record transferred to the National Archives of Scotland (NAS) and which has not been designated as ‘open information’). If the applicant is still not satisfied, or if the authority fails to respond to a requirement for review, he/she can apply to the Scottish Information Commissioner for a decision. Applicants have 6 months within which to apply to the Commissioner.