Section 25: Information otherwise accessible

When a Scottish public authority can refuse your request because the information is already available to you.

Section 25 of FOISA says information is exempt if you can reasonably get hold of it without making an FOI request. This is one of the most common provisions you’ll see in refusal letters.

In plain terms#

The authority is telling you: you don’t need FOI for this because you can already get it. Perhaps it’s on their website, in their publication scheme, or available through another route. The key word is “reasonably” - it has to be genuinely accessible to you, not just theoretically available somewhere.

An authority points you to a 400-page PDF on its website. The specific figure you asked for is buried on page 287. The Commissioner has found that information isn’t “reasonably obtainable” if you’d need to trawl through a large document to find it.

The legal detail#

Section 25 of the Freedom of Information (Scotland) Act 2002 exempts information that the requester can reasonably obtain other than by making a request under section 1(1). Information can count as reasonably obtainable even if you’d need to pay for it. The exemption automatically applies when information is available through the authority’s publication scheme, when another law requires its publication, or when the Keeper of the Records of Scotland makes it available for public inspection.

Absolute or qualified?#

This exemption is absolute. The authority does not need to carry out a public interest test. If the information is genuinely available to you through another route, they can refuse your request.

How it’s used in practice#

This is one of the exemptions you’re most likely to encounter. Authorities use it when information is already published on their website, in annual reports, in their publication scheme, or through a register they’re required to maintain.

The most common problem is vague signposting. The authority says “this is already available” but doesn’t tell you where. Under section 15 of FOISA (the duty to provide advice and assistance), they should explain why they believe the information is otherwise accessible and point you to the specific source. A bare “it’s already available” with no link or reference doesn’t meet the standard the Commissioner expects.

Watch for partial matches. The authority might point you to a published summary when you asked for the full data. Or they might direct you to a webpage that covers a related topic but doesn’t contain the specific information you requested. If what’s published doesn’t actually answer your request, the exemption shouldn’t apply.

One unusual feature of section 25 is that the identity of the requester matters. Information might be reasonably obtainable by the general public but not by you specifically. If access requires visiting an office that’s hundreds of miles from where you live, or if the only route to the information involves a fee you can’t afford, the Commissioner may find it wasn’t reasonably obtainable for you.

How to challenge it#

Check whether the information is actually where they say it is. Go to the link or source they’ve provided and see if the specific information you asked for is there. If it’s not, or if what’s published is a summary rather than the detail you wanted, say so in your review request.

If they didn’t tell you where to find it, point out that the Commissioner’s guidance requires authorities to provide adequate signposting. An authority shouldn’t assume you know where and how to obtain the information.

If you asked for your own personal data, the authority is likely to advise you to make a subject access request under data protection law rather than simply refusing under section 25. If they haven’t explained this, ask them to clarify.

See What to do if refused for the full process.

You can also use our interactive challenge tool for this exemption to work through these questions step by step and draft a review request.

Good to know: Section 25 has no time limit. Unlike many FOISA exemptions, it can apply to information of any age. The question is always whether you can get it now, not when it was created.