Legislation in both Scotland and in England provides that information held by a public authority must be made available to anyone who asks for it, subject to a number of exceptions, both qualified and absolute.
Despite that simple principle, Freedom of Information law has generated a substantial number of disputes and resultant decisions from the UK Information Commissioner and the Scottish Information Commissioner. Due to the fact that many public authorities operate throughout the UK, regard needs to be had of the decisions and guidance issued by both Commissioners.
MacRoberts has substantial experience in seeking information on behalf of clients from very many Scottish authorities and in advising public authorities on compliance with their duties whilst negotiating the minefield of exceptions.
Many employment cases in the public sector will involve a request for the production of information which the claimant believes will enhance his case and hence our Technology Media & Communications Group works very closely with the Employment Group to ensure legal compliance whilst retaining as much flexibility to the public authority as the law allows.
If, however, the Decision by the Commissioner is unfavourable, our Commercial Dispute Resolution Group will become involved in supporting the litigation in the Courts.
Information is power, and with access to public information business is able to make better informed, more relevant offers to carry out work and ensure that where failure to win a tender occurs that all relevant procurement and other rules have been complied with.
With the inherent conflict between Freedom of Information, Data Protection and Human Rights, many of the situations which arise in everyday life are far from straightforward and it is only through experience and a thorough understanding of all the rules that requestors and authorities can attain the requisite balance.
We have substantial experience in providing legal assistance to Public Authorities as well as offering tailored training and assisting in the preparation of Publication Schemes.