Court overturns Scottish Information Commissioner’s disclosure order

The Court of Session upheld Scottish ministers’ appeal, ruling that the Information Commissioner misapplied the law when ordering disclosure of material from the Hamilton Inquiry. The decisions have been sent back to the commissioner for reconsideration.

• The Court of Session ruled that disclosure could breach court orders if it created a real risk of identifying complainers, even if their identities could not be confirmed.· 1 source
• The case concerned freedom-of-information requests for evidence used in the Hamilton Inquiry, and ministers had appealed the commissioner’s disclosure order.· 1 source
• The court remitted the decisions to the commissioner for reconsideration; the commissioner said he would review the court’s opinion.· 1 source