Dundee City Council criticised by new information commissioner

Ruling: 'The commissioner believes the council has applied an unnecessarily restrictive interpretation to the word 'information'.'

The new information commissioner has criticised a council for its restrictive interpretation of the law.

In her first published rulings, Rosemary Agnew said she was surprised and disappointed by the approach of Dundee City Council to a complaint relating to freedom of information legislation.

The authority was asked to give details of weather forecasting linked to winter maintenance at a car park following an accident.

It refused, arguing that the details were predictions rather than fact.

The commissioner's ruling states: "The commissioner disagrees with this view and believes the council has applied an unnecessarily restrictive interpretation to the word 'information'.

"Indeed, she is surprised and disappointed that the council would consider approaching requests for information in this way."

The commissioner, appointed in May, also made two rulings connected to a property repair scandal being investigated at City of Edinburgh Council.

In one ruling, she ordered the council to release information which had been withheld in correspondence. In the second ruling, she sided with the council.

Ms Agnew said: "These two decisions underline the importance of examining the impact of release of the specific information in question, a principle well established in Scotland's freedom of information law.

"In one case, the information could lead to the identification of people under investigation but about whom no conclusions had been reached. Release of information could substantially prejudice a fair trial. In the other case, the information being requested was largely factual and would not have the same damaging effect."

Ms Agnew took over the job from Kevin Dunion who stood down in February.

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