RE: Which Information Commissioner? by Ibrahim - written 23/01/2008 08:23:27


The Scottish Commissioner is not bound by the Information Tribunal as the Scottish system is different. In Scotland it's the Freedom of Information (Scotland) Act 2002.  There is an appeal from the Commissioner straight to the Court of Session. However the SC may consider and take account of the IT decision but can come to a different view. In practice he is unlikely to on a matter relating to the DPA and so you should refer them to the IT decision.

The first appeal after an internal review is to the Scottish Information Commissioner see www.itspublicknowledge.info

Northern is subject to the same laws and procedures and England and Wales i.e. FOI and the Information Commisioner and Info Tribunal.

Hope this helps.

Roy Benford wrote (22/01/2008 23:47:26):

My 2¾ year saga trying to discover the farm related to the number printed on eggs continues despite a ruling by the Information Tribunal on 14th November that Defra should produce a redacted list.  The list produced was dated August 2005 because of ‘FOIA rules’ despite my requirement for a current list.  Defra are treating my requirement for a current list as a new inquiry under the FOIA.  The list was also missing Scotland and Northern Ireland.  Defra claimed they did not have the information despite it being a requirement of an EU directive.   So, I am now in the process of asking the Scottish & Northern Irish governments for the information, this time based upon my knowledge of the EU Directive. 

 

Is the Scottish Government bound by Information Tribunal rulings?  Who do I appeal to when my request is not satisfied?  Is it the Scottish Information Commissioner?  Where does Northern Ireland fit in?



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