Appeal to the Scottish Information Commissioner

A person can appeal to the Scottish Information Commissioner if s/he is dissatisfied with:

• a decision taken on review

• a notice stating that the public authority will not carry out a review because it believes the request for the review to be vexatious or it relates to a request for information that was vexatious or a repeated request

• the failure of a public authority to issue a notice in connection with a review. [1]

An application cannot be made to the Scottish Information Commissioner in respect of a decision made by the Scottish Information Commissioner, the Procurator Fiscal, or the Lord Advocate. [2]

The application to the Scottish Information Commissioner must be in writing or some other permanent form. It must state:

• the name of the applicant and an address for correspondence, and

• the request for information that the review related to, and

• why the applicant requested a review in the first place, and

• why the applicant is not satisfied with the review. [3]

The applicant has six months to apply to the Commissioner from the date of receiving

• notice of the review decision, or

• notice refusing a request to carry out a review, or

• from the expiry of the period allowed to carry out a review if neither of the aforementioned notices were received. [4]

The Commissioner must make a decision on an application unless in her/his opinion, the application is vexatious or frivolous or appears to have been withdrawn or abandoned. [5]

A public authority or applicant can appeal the Commissioner's decision to the Court of Session on a point of law only. Either party has 45 days from receipt of the decision to do so.

If the Commissioner is satisfied that the public authority has failed to comply with the provisions of the Act, s/he can issue an enforcement notice. [6] If the public authority fails to comply with the notice the Commissioner can refer the matter to the Court of Session. [7]