Legal advice given to the Scottish Government/ministers in reference to The Scottish Ministers v The Scottish Information Commissioner (case reference number XA10/23): FOI Appeal

Information requested

Original request - 202300390057

All legal advice given to the Scottish Government/ministers in reference to the court case known as The Scottish Ministers v The Scottish Information Commissioner (case reference number XA10/23). This includes legal advice given in relation to the decision to appeal, as well as advice in preparation for the court hearing, as well as all other such advice in relation to the case.

Response

SCOTTISH INFORMATION COMMISSIONER DECISION 193/2024

Further to your application to the Scottish Information Commissioner in relation to your request for:

All legal advice given to the Scottish Government/ministers in reference to the the court case known as The Scottish Ministers v The Scottish Information Commissioner (case reference number XA10/23). This includes legal advice given in relation to the decision to appeal, as well as advice in preparation for the court hearing, as well as all other such advice in relation to the case.

As you will be aware, on the 9 September 2024 the Commissioner issued a decision which concluded that the Scottish Ministers were not entitled to withhold the information you requested. I have therefore enclosed a copy of this information.

As set out in para 69 of decision 193/2024, a small amount of personal data has been redacted from the documents provided because this information would be exempt from disclosure under section 38(1)(b) of FOISA.

I will share a copy of this letter with the Scottish Information Commissioner’s Office.

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.

Related information

• Legal advice relating to Scottish Information Commissioner decision: Statement on publication of legal advice relating to court case against the Scottish Information Commissioner

FOI 202400394394 - Information Released - Annex

File type

PDF

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3.0 MB