NHSFORTHVALLEY

FREEDOM OF INFORMATION

GUIDANCE FOR THE PUBLIC ON EXEMPTIONS
INTRODUCTION

The Freedom of Information (Scotland) Act 2002 (FOISA) came into force on January 1st 2005. The Act aims to increase openness and accountability in government and across the public sector by ensuring that people have the right to access information held by Scottish public authorities. People will be able to see and question how such bodies function and how decisions are made.

EXEMPTIONS

There are exemptions in the Freedom of Information (Scotland) Act 2002 but most of these are not designed to be applied on a blanket basis. The main exemption categories are listed below

  • Information otherwise accessible
  • Prohibitions on disclosure
  • Information intended for future publication
  • Relations within the United Kingdom
  • Formulation of Scottish Administration policy etc.
  • Prejudice to effective conduct of public affairs
  • National security and defence
  • International relations
  • Commercial interests and the economy
  • Investigations by Scottish public authorities and proceedings arising out of such investigations
  • Law enforcement
  • Confidentiality
  • Court records, etc.
  • Personal information
  • Health, safety and the environment
  • Audit functions
  • Communications with Her Majesty etc. and honours.

More information on exemptions is available on the Information Commissioner’s website:

NHSForthValley favours disclosure wherever possible and this is where the balance should lie. If an exemption applies, the applicant will be given a written refusal notice which explains why the request is being refused.

WHAT IF I DISAGREE WITH THE DECISION TO REFUSE MY REQUEST?

If the applicant disagrees with the decision to refuse to release the information requested, or is unsatisfied with the response received they should write to the address below to ask for a review of the decision. A request for review should be made within 40 working days of receipt of the response to a request.

Head of Information Governance,

Information Governance Department,
NHS Forth Valley,
CSD,

Colquhoun Street,

Stirling.

FK7 7PX

If the review upholds the original decision, then the applicant can appeal to the Information Commissioner at the address below.

Scottish Information Commissioner,

KinburnCastle,

Doubledykes Road,

St Andrews, Fife

KY16 9DS