Glossary

A#

Absolute exemption#

An exemption that does not require a public interest test. If it applies, the authority can withhold the information without weighing whether disclosure would serve the public interest. The absolute exemptions in FOISA are set out in section 2(2): section 25 (information otherwise accessible), section 26 (prohibitions on disclosure), section 36(2) (breach of confidence), section 37 (court records), and parts of section 38 (personal information, census information, deceased persons’ health records).

Applicant#

The person or organisation that makes a freedom of information request. Anyone can be an applicant under FOISA — you do not need to give a reason for your request or live in Scotland.

Application to the Commissioner#

The formal step of asking the Scottish Information Commissioner to investigate how an authority handled your request. Under FOISA, this is an application (section 47), not an appeal. You can make an application after an unsatisfactory internal review, or where the authority failed to carry out a review. The term “appeal” is reserved for the Court of Session stage (section 56).

Authority#

Short for Scottish public authority — any organisation covered by FOISA. Councils, NHS boards, government agencies, Police Scotland, universities, and many others. A full list is maintained by the Scottish Information Commissioner.

B#

Bulk request#

A request that asks for a large volume of information. Authorities sometimes describe these as burdensome, but volume alone is not grounds for refusal. The authority must still consider whether section 12 (excessive cost) genuinely applies.

C#

Case type#

A label the Commissioner uses in decisions to describe the nature of the complaint: refusal of request, failure to respond, excessive fees, and so on.

Class-based exemption#

An exemption that applies because information falls into a defined category, regardless of whether disclosure would cause harm. Section 25 (information otherwise accessible) is a straightforward example — if the information is already available, the exemption applies. No harm test is needed. Compare with prejudice-based exemptions, where the authority must show that disclosure would cause (or would be likely to cause) real harm.

Commissioner#

The Scottish Information Commissioner. An independent officer who investigates complaints about how Scottish public authorities handle FOI and EIR requests. The Commissioner can require authorities to release information and can issue enforcement notices.

Consultation#

Asking a third party for their views before deciding whether to release information. Authorities often consult when a request involves personal data, commercial interests, or information provided by another organisation.

Cost limit#

The maximum an authority can spend locating, retrieving and providing information before it can refuse under section 12. Currently £600, calculated at up to £15 per hour of staff time — 40 hours in total. This covers the cost of finding, retrieving and providing the information, not the cost of considering exemptions or redacting documents.

D#

Decision notice#

The formal document the Commissioner issues at the end of an investigation. It sets out findings and tells the authority what it must do. Decision notices are published on the Commissioner’s website. Sometimes called a “notice of decision.”

Deemed refusal#

When an authority fails to respond within the 20 working day time limit, the law treats this as a refusal. Your next step is to request a review. You cannot go straight to the Commissioner without requesting a review first.

Designation order#

A legal instrument that brings an organisation under FOISA even though it is not listed in the Act. The Scottish Ministers can make a designation order for any organisation that appears to carry out functions of a public nature.

Disclosure#

Releasing information to the person who requested it. Under FOISA, disclosure to one applicant is treated as disclosure to the world — the authority cannot control what the applicant does with the information afterwards.

E#

EIR#

The Environmental Information (Scotland) Regulations 2004. A separate regime giving you the right to access environmental information held by Scottish public authorities. EIR operates alongside FOISA but differs from it in several ways: the definition of “public authority” is broader, there is a presumption in favour of disclosure (regulation 10(2)(b)), all exceptions are subject to the public interest test, authorities can charge for staff time, and information about emissions receives special protection against withholding.

Enforcement notice#

A notice the Commissioner can issue requiring an authority to take specific steps to comply with FOISA. Different from a decision notice — enforcement notices address wider patterns of non-compliance rather than individual requests.

Environmental information#

Information about the state of the environment, factors affecting it, or measures designed to protect it. Requests for environmental information are handled under the EIR rather than FOISA, even if you do not mention the EIR in your request. The authority is responsible for identifying which regime applies.

Exception#

The EIR equivalent of an exemption. Under the EIR, reasons for withholding information are called “exceptions” (set out in regulations 10(4) and 10(5)). Unlike FOISA exemptions, all EIR exceptions are subject to the public interest test — there are no absolute exceptions.

Exemption#

A legal reason for withholding information under FOISA. The exemptions are in sections 25 to 41. Some are absolute (no public interest test) and some are qualified (the authority must weigh whether the public interest favours disclosure). See also exception for the EIR equivalent.

F#

Fees#

Charges an authority can ask you to pay before providing information. Under FOISA, most requests are free. If the projected cost is £100 or less, you pay nothing. Above that, the authority can charge 10% of the cost between £100 and £600, so the most you would pay is £50. Staff time for finding and providing the information counts towards the cost, capped at £15 an hour. Under the EIR the rules are different: authorities can charge a reasonable amount, and staff time can be included in the calculation.

FOISA#

The Freedom of Information (Scotland) Act 2002. The main law giving you the right to access information held by Scottish public authorities. It came into force on 1 January 2005.

Formal notice#

A written notice an authority issues when it refuses your request, applies an exemption, or charges a fee. The notice must tell you which exemption applies, why, and how to ask for a review.

G#

Good practice#

Guidance the Commissioner publishes on how authorities should handle requests. Good practice recommendations are not legally binding, but the Commissioner expects authorities to follow them.

H#

Harm test#

The assessment an authority must carry out for prejudice-based exemptions. The authority must show that disclosure would, or would be likely to, cause real and significant harm to the interest the exemption protects. Sometimes called a “prejudice test.” Several FOISA exemptions require the authority to show that the prejudice would be “substantial.”

Historical record#

A record generally becomes historical 15 years after it was created. Some FOISA exemptions stop applying to historical records, making older information easier to access. A few last longer: the confidentiality exemption (section 36) lasts 30 years, honours (section 41(b)) 60 years, and some investigation, law enforcement and personal-records exemptions up to 100 years.

I#

Information notice#

A notice the Commissioner can issue requiring an authority to provide information needed for an investigation. Failure to comply can be treated as contempt of court.

Internal review#

The first stage of challenging an authority’s decision. You ask the authority to look again, and a different (usually more senior) person reviews whether the original decision was correct. The authority has 20 working days to complete the review. The formal name in FOISA is a “requirement for review.” You do not need to give detailed reasons, but it helps to explain why you think the decision was wrong.

L#

Legal professional privilege#

The exemption in section 36(1) that protects communications between a lawyer and client, and documents created for the purpose of legal proceedings. This is a qualified exemption — even if the exemption applies, the authority must still consider whether the public interest in disclosure outweighs the public interest in maintaining the exemption. In practice, the Commissioner has recognised a strong built-in public interest in maintaining legal professional privilege, so it is not often overridden, but it can be.

M#

Manifestly unreasonable#

A ground for refusing a request under the EIR (regulation 10(4)(b)). An authority can refuse if it considers the request manifestly unreasonable, but this is a high bar. The authority must explain why and consider whether it could provide part of the information instead.

Model publication scheme#

A template approved by the Commissioner setting out the classes of information every Scottish public authority must proactively publish. All authorities must adopt the model publication scheme.

N#

NCND#

Neither confirm nor deny. In some cases, simply telling you whether information exists would itself cause harm. The authority can issue a response that neither confirms nor denies it holds the information. Only available for certain exemptions (sections 28 to 35, 38, 39(1) and 41), and only where the information, if held, would be exempt and revealing whether it exists would be contrary to the public interest.

Notice of decision#

See decision notice.

O#

OSIC#

The Office of the Scottish Information Commissioner. This is the organisation that supports the Commissioner. OSIC investigates complaints, publishes guidance, and promotes good practice.

Outcome#

The result of a Commissioner investigation. The complaint is either upheld (the applicant was right), not upheld (the authority was right), or partially upheld.

P#

Personal data#

Information that identifies a living individual, or from which a living individual can be identified. Requests for your own personal data are handled under data protection law (a subject access request) rather than FOISA. Requests for other people’s personal data are handled under section 38 of FOISA.

Prejudice test#

See harm test.

Presumption in favour of disclosure#

A principle written into the EIR at regulation 10(2)(b). When applying any exception under the EIR, the authority must start from the position that the information should be disclosed. There is no exact equivalent in FOISA, though the public interest test under FOISA tips towards disclosure when the arguments are evenly balanced.

Proactive publication#

Information an authority publishes without being asked. The model publication scheme requires authorities to publish certain types of information routinely, reducing the need for individual FOI requests.

Public interest test#

The balancing exercise an authority must carry out when applying a qualified exemption under FOISA (or any exception under the EIR). Even if an exemption or exception applies, the authority must consider whether the public interest in disclosing the information outweighs the public interest in withholding it. Where the competing interests are evenly balanced, the information should be disclosed.

Publication scheme#

A document listing the types of information an authority publishes as a matter of course. Every Scottish public authority must have one, based on the model publication scheme approved by the Commissioner.

Q#

Qualified exemption#

An exemption that requires a public interest test. Even if the exemption applies, the authority must weigh whether the public interest in disclosure outweighs the public interest in withholding. Most FOISA exemptions are qualified. All EIR exceptions work this way.

R#

Recorded information#

Information held in any form: paper documents, emails, databases, recordings, notes. FOISA only covers recorded information. If an authority holds knowledge in someone’s head but has never recorded it, FOISA does not require it to create a record.

Redaction#

Removing or blanking out parts of a document before releasing it. Authorities use redaction when some information in a document is exempt but the rest can be disclosed.

Refusal notice#

A written notice from an authority telling you it is refusing your request. It must explain which exemptions apply and why, and tell you how to ask for a review.

Requirement for review#

The formal name for an internal review request under FOISA. You ask the authority to review its decision. The authority has 20 working days. You do not need to give detailed reasons, but it helps to explain why you disagree with the decision.

S#

Scottish Information Commissioner#

See Commissioner.

Section 12#

The provision in FOISA allowing an authority to refuse a request if complying would cost more than £600 in staff time for locating, retrieving and providing the information. If section 12 applies, the authority must offer advice on how to narrow the request.

Section 60 Code#

The Code of Practice issued by Scottish Ministers under section 60 of FOISA. It sets out standards for handling FOI requests, including timescales, transfers, and record keeping.

Subject access request#

A request for your own personal data, made under data protection law (UK GDPR). Separate from a freedom of information request. If you ask for your own personal data under FOISA, the authority should treat it as a subject access request instead.

Substantial prejudice#

A higher threshold of harm used in some FOISA exemptions. The authority must show that disclosure would cause significant and real damage — not just minor or speculative harm.

T#

Third party#

A person or organisation other than the applicant and the authority. Authorities often consult third parties when a request involves information about or provided by them.

Time limit#

The deadline for an authority to respond. Under FOISA, 20 working days from the date the authority receives the request. The same 20-day limit applies to internal reviews. Under the EIR, the standard time limit is also 20 working days, but it can be extended to 40 working days where the volume and complexity of the information make the 20-day limit impracticable.

Transfer of request#

Under the EIRs, an authority can pass your request to another authority that it believes holds the information. FOISA does not allow this. If a FOISA request is sent to the wrong authority, they must tell you they don’t hold the information and advise you who to contact instead. You then need to make a new request to the right authority.

U#

Upheld#

When the Commissioner agrees with the applicant’s complaint — meaning the authority handled the request incorrectly. “Not upheld” means the authority’s decision was correct.

V#

Vexatious request#

A request an authority can refuse under section 14 of FOISA because it is designed to cause disruption or annoyance rather than to obtain information. This is a high bar. The right of access is a constitutional one, and an authority cannot refuse simply because it finds the topic annoying or the applicant difficult.

W#

Withholding#

Refusing to release information. An authority can only withhold information if a specific exemption or exception applies. For qualified exemptions and all EIR exceptions, it must also pass the public interest test.

Working days#

Days that are not weekends or national Scottish bank holidays. Local or council holidays (like the Glasgow Fair or local trades holidays) still count as working days and do not pause the FOI clock.