How do I challenge a refused FOI request in Scotland?

Look at your refusal letter to find the exemption or exception cited. Use our free tool to check whether it was properly applied. Then request an internal review from the authority within 40 working days, and if that fails, appeal to the Scottish Information Commissioner for free.

What is the difference between a FOISA exemption and an EIR exception?

FOISA exemptions apply to general FOI requests and are cited by section number (e.g. section 30). EIR exceptions apply to environmental information requests and are cited by regulation number (e.g. regulation 10(4)(b)). The rules and tests differ between the two.

What if my refusal cites more than one exemption?

Use the multiple exemptions tool to work through each one separately and generate a single review letter covering all the exemptions cited.

Challenge a refusal

They refused your request. Let's look at why, and whether they got it right.

Public authorities in Scotland must give a legally valid reason when they refuse a freedom of information request. Many refusals are overturned when people ask for a review. Sometimes the authority made an error or they didn’t explain their reasoning properly.

This tool helps you look at the specific reason that they gave and work out how to challenge it.

Find your exemption#

Look at your refusal letter. It should mention a specific legal reason, usually referencing a section number or regulation.

“Section [number]” means they used an exemption under the Freedom of Information (Scotland) Act 2002 (FOISA) — for example, “section 30” or “section 33(1)(b)”
“Regulation [number]” or “EIR” means they used an exception under the Environmental Information (Scotland) Regulations 2004 — for example, “regulation 10(4)(b)” or “regulation 10(5)(e)”
If they mentioned costs, vexatious, information not held, or you didn’t respond at all, see procedural refusals below

If your refusal letter doesn’t mention a specific exemption or exception, that itself may be a problem. Authorities are required by law to tell you which exemption they are relying on and why.

Multiple exemptions?#

If your refusal cites more than one exemption or exception, use the multiple exemptions tool to work through them all and generate a single review letter.

FOISA exemptions#

These are the exemptions under the Freedom of Information (Scotland) Act 2002. Each one has specific conditions the authority must meet.

Absolute exemptions - no public interest test required:

Section 25 - Information otherwise accessible
Section 26 - Prohibitions on disclosure
Section 36(2) - Breach of confidence (where disclosure of information obtained from another person would constitute an actionable breach of confidence)
Section 37 - Court records
Section 38 - Personal information (absolute in most cases)

Qualified exemptions - authority must also show the public interest favours withholding:

Section 27 - Information intended for future publication
Section 28 - Relations within the United Kingdom
Section 29 - Formulation of Scottish Administration policy
Section 30 - Prejudice to effective conduct of public affairs
Section 31 - National security and defence
Section 32 - International relations
Section 33 - Commercial interests and the economy
Section 34 - Investigations by Scottish public authorities
Section 35 - Law enforcement
Section 36(1) - Confidentiality of communications (legal professional privilege — note: the separate breach-of-confidence limb, section 36(2), is listed under absolute exemptions above)
Section 39 - Health, safety and the environment
Section 40 - Audit functions
Section 41 - Communications with His Majesty etc.

EIR exceptions#

If your request was for environmental information, it falls under the Environmental Information (Scotland) Regulations 2004 instead of FOISA.

Procedural refusals#

Not all refusals rely on a specific exemption. Some are procedural:

Ready to respond?#

Once you’ve identified the problem with the refusal, use our template to draft your review request. It includes a ready-to-use letter and guidance on what happens next. You have 40 working days from the authority’s response - or from when it should have responded - to ask for a review.