Court of Session finds Information Commissioner erred in law over Salmond files

Court of Session finds Information Commissioner erred in law over Salmond files

The Inner House of the Court of Session has reinforced the Scottish Information Commissioner’s independence and scope of authority, rejecting the government’s attempt to limit the Commissioner’s role to merely reviewing the reasonableness of withholding information. This ruling clarifies that the Commissioner must form independent judgments rather than deferring to public bodies, a critical precedent for ensuring robust and impartial oversight in freedom of information processes. The court also established a strict interpretation of contempt exemptions, ruling that disclosing information creates a breach if it poses a real risk of identifying complainers, even without certainty. This shifts the focus from proving identification to preventing the risk of "jigsaw identification," significantly strengthening protections for individuals whose privacy might be compromised through aggregated data, thereby setting a high bar for redacting sensitive materials. This decision is vital for open data initiatives as it balances transparency with legal safeguards, ensuring that information requests do not inadvertently endanger individuals. It underscores that while public access to government records is a fundamental right, it must be exercised with rigorous attention to privacy risks, maintaining public trust in both freedom of information mechanisms and the justice system.

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