Report Summary
Issued 24 April 2025, this FOI response advises that if information existed, and was held, it would be exempt from disclosure as it is third party personal data held for the purposes of an investigation.
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Response
The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).
The Authority considers that if the information existed and was held, it would be exempt, and that to reveal whether the information exists or is held would be contrary to the public interest.
Section 18 applies where the following two conditions are met:
- If the information was held, it would be exempt from disclosure in terms of one or more of the exemptions set out in sections 28 to 35, 38, 39(1) or 41 of the Act.
- It would be contrary to the public interest to reveal whether the information is held.
Section 38(1)(b) and 38(2A) of the Act apply as you have requested third party personal data which is exempt where assessed that disclosure would contravene the data protection principles as defined in the Act.
Section 34(a) and 34(c) of the Act apply where information is held for the purposes of an investigation which was subsequently subject to criminal proceedings.
Whilst you may have a particular interest in whether or not the information sought exists and is held, the public interest overwhelmingly lies in maintaining both data protection principles and established processes for the disclosure of information held for the purpose of investigations.
