"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)
Dundee University Press 2012
Freedom of Information in Scotland in Practice
Author: Kevin Dunion
Publishers: University of Dundee
Publication Date: Oct 2011
Publisher's Title Information
The definitive in-depth guide to Scotland's access to information regime authored by Kevin Dunion (the first Scottish Information Commissioner). This text is uniquely informed and provides detailed commentary on the provisions of the Freedom of Information (Scotland) Act 2002 and also the Environmental Information (Scotland) Regulations 2004 and key issues of interpretation since the law came into effect. Fully referenced throughout to the Commissioner's own decisions and court judgments, this is an essential handbook for anyone working with, or using, freedom of information law in Scotland.
The Freedom of Information (Scotland) Act 2002, fully annotated and with case studies illustrating the practical application of the legislation. Detailed interpretation of the Environmental Information (Scotland) Regulations 2004, highlighting, in particular, key differences between the access provisions in the regulations compared to the FOI law.
In-depth consideration of key issues of interpretation, including exemptions concerning personal information, official advice, formulation of policy, and the application of the harm and public interest tests. Unique insight into how the Commissioner's investigations, and practice assessments are conducted, covering the Commissioner's role in determining appeals and ensuring adherence to the Code of good practice. A personal consideration of the state of Freedom of Information in Scotland by comparison to provisions and developments in the rest of the UK and internationally.
Part I - The Law in Practice
1 The Freedom of Information (Scotland) Act 2002
2 Environmental Information
Part II - Key Issues of Interpretation
Key Issue 1 Not a Class Apart- Why a Class-based Approach Cannot be Taken to Contents-based Exemptions
Key Issue 2 Where is the Harm? - Applying Contents-based Exemptions and Exceptions
Key Issue 3 Government Information - The Extent of Special Protection
Key Issue 4 Personal Information - Dealing with Third-Party Data
Key Issue 5 Who Wants to Know? - Issues Concerning the Identity of the Applicant
Key Issue 6 Charging for Information - Now and in Future
Part III - Compliance and Good Practice - The Commissioner's Role
3 The Conduct of Investigations
4 The Commissioner's Practice Assessments
5 Publication Schemes
Appendix Model Publication Scheme 2011
Part IV - Afterword: The State of Freedom of Information in Scotland
Appendix Scottish Ministers' Code of Practice on the
Discharge of Functions by Scottish Public Authorities
Scottish Information Commissioner
Kevin Dunion was appointed as Scotland's first Information Commissioner in 2003. Since the Freedom of Information Act came into effect in Scotland in 2005, he has dealt with more than 2500 appeals and issued over 1000 formal decisions. Prior to becoming Commissioner, Kevin Dunion was head of the environmental organisation Friends of the Earth International, which included representing the network of 65 countries at international commissions and summits. He is the author of a number of books and articles, and has recently published a book on freedom of information rights and enforcement in Scotland.
“His book should not only be on theshelves of all who have an interest or practice in the field of freedom of information - it should be well thumbed too.” The Rt Hon The Lord Wallace of Tankerness