Explanatory Notes

Freedom of Information (Scotland) Act 2002

2002 asp 13

28 May 2002

The Act – Section by Section

Part 2 – Exempt information

Section 26 – Prohibitions on disclosure

93.This section provides an absolute exemption (i.e. the public interest test does not apply) for information the disclosure of which by a Scottish public authority is subject to a prohibition on disclosure. An authority withholding information from disclosure under the terms of this exemption would be expected to state what enactment or Community obligation etc. prevented its disclosure.