Police Scotland loses FOI challenge over number of intelligence sources

The single force had refused to tell a journalist how many covert human intelligence sources it had established since its inception in 2013.

However, in October, Scottish Information Commissioner Rosemary Agnew found that the exemptions allowing the force to withhold information had been wrongly applied.

Freedom of information rules require that public authorities holding information give it to the person requesting it subject to a number of exemptions, including where such disclosure would substantially prejudice prevention or detection of crime or where it could endanger a person’s health and safety.

Chief Constable Philip Gormley appealed the decision to the Court of Session.

Counsel for the chief constable, Jonathan Barne, told the court: “Police Scotland put forward material they thought was sufficient. They raised these issues. The commissioner said: ‘That’s all too vague.’

“In my submission, in the context of this case and the potential repercussions, the commissioner was acting unreasonably.

“What we have are the people at the coal face saying to the commissioner: ‘These are the effects we anticipate will occur as a result of this information being disclosed’.”

But David Johnston QC, for the commissioner, stated that the request sought a single number for a period of three years and no additional breakdown of data.

He said: “On the material before her, the commissioner was entitled to reach the decision that she did that these exemptions were not made out on the material that had been advanced to support them.”

Judges refused Mr Gormley’s appeal, saying they were satisfied with the commissioner’s reasons for her decision.