Scottish Information Commissioner Decision – 31 Mar 2009
Fish Legal requested information relating to specified pollution incidents – whether exempt from disclosure by virtue of FOI (Scotland) Act 2002, s 39(2) as environmental information and also excepted from disclosure under the EI(S)Rs – Commissioner found that SEPA had been correct to deal with Fish Legal's information request under s 39(2) but had partially failed to deal with the request in accordance with the EI(S)Rs – Commissioner found that SEPA was incorrect in its application of reg 10(5)(b) (relating to the course of justice, fair trials and the conduct of criminal investigations) in relation to statements made by SEPA employees, but correct in its application of this exception to the remaining information.
Decision 038/2009
For full text, please download: Decision 038/2009
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