Operation of Freedom of Information within the Executive

Information Released in Response to an FOI Request

Title Operation of Freedom of Information within the Executive
Description Responses to requests for information concerning the operation of Freedom of Information within the Scottish Executive (data covers the period up to April 2005)
Publication Date August 11, 2005
Charge Free.

Responses to requests for information concerning the operation of FOI within the Executive

NB Answers to the following questions should be regarded as indicative. They are based on data held centrally which is updated on an on-going basis and, therefore, is not complete at the date of this response.

1. How many FoI questions have you received since the act came into force?

Response - Every request for information which the Scottish Executive receives is handled in accordance with the Freedom of Information (Scotland) Act 2002. In general requests for information are handled routinely and are not all recorded or counted centrally. However, in line with centrally produced guidance (which is available via the Recently Released Information section of the Scottish Executive's website at http://www.scotland.gov.uk/Topics/Government/FOI/19260/20126) some requests for information are recorded centrally. Up to Friday 15 April approximately 900 requests for information have been centrally recorded by the Executive's Freedom of Information Unit.

2. How many have received a full and complete response, whether positive or negative, between 1 and 5 days, how many between 6 and ten days, how many between ten and 15 days, how many within 15 and 20 days and how many over 20 days?

Response - We do not analyse data on timescales of responses except to check whether or not the 20-day time period is adhered to. The information we hold centrally shows that response dates in 118 cases have breached the 20-day limit. Delays have been caused by a number of factors, including the scale and complexity of the information requested in a number of cases.

3. How many of the responses have stated that the Executive is not able to provide any data quoting the exemption under section 29 of the Act?

Response - The information we hold centrally shows that the Section 29 (Formulation of Scottish Administration policy etc.) exemption has been used in 113 (17%) of cases.

4. How many of the responses have stated the Executive is not able to provide any data after having applied the 'public interest test'?

Response - From the information we hold centrally we estimate that this would have been in approximately 200 cases.

5. How many of the questions received have gone to the review stage?

Response - The information we hold centrally shows that 107 (approximately 12%) of requests have gone to the review stage.

6. How many of the reviews have resulted in the original response being overturned?

Response - The information we hold centrally shows that of the 107 reviews, 8 (7%) fully overturned the original decision and a further 7 (7%) resulted in additional information being released.

7. How many of the questions have gone to appeal to the information commissioner?

Response - This is exempt information under Section 25 of FOI(S)A (Information otherwise accessible.) Please see the website of the Scottish Information Commissioner -http://www.itspublicknowledge.info/ as it contains a full list of all the validated appeals to the Commissioner, including those where appeals have been made against Executive responses.

8. How many of the responses have stated the Executive is not able to provide any data because of the cost of production?

Response - The information we hold centrally shows that in 34 cases information requested was not supplied because it was assessed that the cost of supplying it would be greater than £600 (the maximum allowed for in line with the fees regulations).

Page updated: Thursday, March 22, 2012