Our ref: FoI Review 2010/02–F0084658
10 February 2010
Louis Seaman[[FOI #24497 email]]
Dear Mr Seaman,
Freedom of Information (Scotland) Act 2002 – Review Outcome
I write with regard to your request for a review of the University’s response to your
Freedom of Information request (Our Ref FoI 2009/210-F0080873). Your areas of
concern relate to:
The University’s decision to withhold information, other than that relating to
individual names, which you state are of no interest to you. You consider this
decision not to be within the spirit of the Freedom of Information (Scotland)
Act 2002 and offer the view that what has been redacted seems excessive.
The University has reviewed your request and is satisfied that the response you were
sent on 15 January 2010 complies with the letter and adheres to the spirit of the
Freedom of Information (Scotland) Act 2002. Having reviewed the documentation
related to your request, the University is satisfied that disclosure of any redacted text
would be likely to prejudice the University’s commercial interests as well as those of
a third party; would be likely to be detrimental to the public interest, or may
disadvantage the University in the conduct of its legal affairs.
The supply of documents under the terms of the Freedom of Information (Scotland)
Act 2002 does not give the applicant or whoever receives the information any right to
re-use it in such a way that might infringe the Copyright, Designs and Patents Act
1988 (for example, by making multiple copies, publishing or otherwise distributing the
information to other individuals and the public). The Freedom of Information
(Scotland) Act 2002 (Consequential Modifications) Order 2004 ensured that Section
50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) applies to the Freedom
of Information (Scotland) Act 2002 (“FOISA”).
Breach of copyright law is an actionable offence and the University expressly
reserves its rights and remedies available to it pursuant to the CDPA and common
law. Further information on copyright is available at the following website:
http://www.ipo.gov.uk/copy.htm
I confirm that this letter signifies the end of the University’s internal procedures. If
you remain dissatisfied with the outcome of this review you can appeal to the Office
of the Scottish Information Commissioner at the following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
Fife KY16 9DS
Tel: 01334 646610
Email: [email address]
Please be advised there is a right of appeal to the Court of Session against the
Commissioner's decisions, but only on a point of law.
Yours sincerely,
Dr Anne B Mitchell
Corporate Projects Manager