Court of Session overturns Commissioner's ruling

Court of Session overturns Commissioner's ruling

The Court of Session has backed a council's refusal to comply with a Freedom of Information request.

Dumfries and Galloway Council had appealed against a decision by Information Commissioner Kevin Dunion ordering it to release the details. The request centred on complaints to trading standards about a particular company over a period of 10 years.

The council said the Enterprise Act prohibited disclosure and its appeal has been ruled to be successful.

A ruling by the Scottish Information Commissioner in November 2006, required that the information should be released.

However, the Court of Session has now ruled against that judgment and quashed the Commissioner's decision.

Court quashes information ruling (BBC News, 8 February 2008)

See the Court of Session opinion here: Dumfries and Galloway Council v. Kevin Dunion, Scottish Information Commissioner (Court of Session website, 8 February 2008)