Edinburgh FOI & EIR: Exemptions and Internal Review
In Edinburgh, Scotland, Freedom of Information (FOI) and Environmental Information Regulations (EIR) requests are handled by the City of Edinburgh Council under the framework of Scottish law and oversight by the Scottish Information Commissioner. This guide explains how exemptions commonly apply, how to ask for an internal review of a decision, and the route to appeal to the Commissioner. It draws on the council's FOI guidance, national legislation and the Commissioner’s guidance to point you to official forms, contacts and practical steps for resolving disputes.City of Edinburgh Council FOI page[1] Scottish Information Commissioner guidance[2] Freedom of Information (Scotland) Act 2002[3]
Penalties & Enforcement
Enforcement for non‑compliance with FOI/EIR in Scotland is overseen by the Scottish Information Commissioner and by the courts where applicable. Precise monetary fines for local authorities are not specified on the cited pages; enforcement commonly takes the form of binding enforcement notices, formal decisions and orders rather than fixed statutory fines on councils. Where offences or breaches are described, the Commissioner may require release of information or other remedial action.
- Monetary fines: not specified on the cited page.
- Non-monetary sanctions: binding enforcement notices and decision notices issued by the Scottish Information Commissioner; orders to disclose information or take corrective steps.
- Appeals and enforcement routes: appeal or complain to the Scottish Information Commissioner and, in some cases, seek judicial review in the courts.
- Enforcer and contact: City of Edinburgh Council Information Governance / FOI team handles requests and reviews; the Commissioner enforces compliance at national level (see Help and Support / Resources).
- Defences and discretion: public interest tests, statutory exemptions and exceptions under FOISA and the EIRs; these are applied by the authority and reviewed by the Commissioner.
- Common violations: unlawful withholding of recorded information, missed deadlines for response, inadequate refusal notices; typical remedies are disclosure orders or formal decisions rather than set fines.
Applications & Forms
The City of Edinburgh Council publishes an online FOI/EIR request route and contact details for the Information Governance team; there is no separate universal fee form for internal review published on the council page. Where a specific form is required it will be available on the council FOI page or provided on request.
Internal review - process and timelines
If you disagree with how the council handled your FOI or EIR request you can ask the council for an internal review. The council’s FOI guidance explains how to submit a review request and gives the contact point for the Information Governance team. The Scottish Information Commissioner provides guidance on complaining after an internal review if you remain dissatisfied. Exact statutory time limits and any internal deadlines should be confirmed on the council page and the Commissioner’s guidance linked above.
- How to ask: submit a clear request for internal review to the council’s FOI/Information Governance contact with the original reference and reasons for review.
- Required information: original request reference, decision you are challenging, and any new evidence or reasons for disclosure.
- Deadlines: specific internal review timeframes are set out by the council or by legislation; consult the council FOI page and the Commissioner’s guidance for exact limits.
- Contact: use the Information Governance / FOI contact on the council FOI page to submit a review or to ask about forms or process.
FAQ
- How do I request an internal review of an FOI or EIR decision?
- Send a written request to the City of Edinburgh Council Information Governance or FOI contact quoting the original request reference and explaining why you believe the decision is wrong.
- What happens after I ask for an internal review?
- The council will reassess the decision and reply with the outcome; if you remain dissatisfied you can complain to the Scottish Information Commissioner following the Commissioner’s published guidance.
- Are there fees for internal review or appeal?
- The council’s FOI page does not list a fee for internal review; fees or charges for information under EIR/FOI are not set out on the cited council guidance and should be checked with the council.
How-To
- Identify the decision and gather the original request reference and all correspondence.
- Write a clear internal review request stating why you disagree and include any additional evidence or clarification.
- Send the review request to the City of Edinburgh Council Information Governance / FOI contact (details on the council FOI page) and keep a copy of your submission.
- If the council upholds its decision and you remain dissatisfied, submit a complaint to the Scottish Information Commissioner following the Commissioner’s complaints procedure.
Key Takeaways
- Edinburgh FOI/EIR decisions can be reviewed internally by the council and escalated to the Scottish Information Commissioner.
- Enforcement commonly results in binding notices or disclosure orders rather than fixed fines on councils.
Help and Support / Resources
- City of Edinburgh Council - Freedom of Information
- Scottish Information Commissioner
- Freedom of Information (Scotland) Act 2002
- Environmental Information (Scotland) Regulations 2004