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Part 34: FOI Risk of Criminal Offence

[originally posted 12 August 2015] In Part 33 I wrote about Paul Delamore’s victory in having the Scottish Information Commissioner decide that Police Scotland should release the information he had requested. My analysis was incomplete.  I had ignored a key part of the Freedom of Information (Scotland) Act 2002 – FOISA.  I hadn’t even read the relevant section.  I must also say that I didn’t recognise my omission: a friend had to point this out to me. The crucial part is Section 65 Basically this says that if an applicant is not given all the information to which he/she is entitled then, if the act is deliberate, the person responsible is guilty of a criminal offence.  The highlighted paragraph lists ways in which a person may prevent full release:  alters, defaces, blocks, erases, destroys or conceals The penalty for conviction?  A fine not exceeding £5000! Now how MIGHT this apply to Delamore’s case?  I am being very careful here.  I allege ...