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Freedom of Information

SCS Publication Scheme

Under the Freedom of Information (Scotland) Act 2002 any person can make a request to the Scottish Court Service to have access to information, unless that information is exempt.

The Scottish Court Service is required to publish and maintain a publication scheme which gives details of the range of information that we routinely publish. It also provides details of how you can access this information, and tells you whether it is available free, or if there is a charge for it.

Scottish Court Service Publication Scheme 2012

Making a FOI enquiry

When writing to us to request information, please include your name and address, full details of the information or documents you would like to receive. Please also include a telephone number so we can telephone you to clarify any details, if necessary.

Please note that courts, their staff and judges are not designated public authorities so are not required to make information available in response to requests. The Scottish Court Service, as an independent statutory body, is a public authority in terms of the Freedom of Information (Scotland) Act 2002 but is only responsible for the administration of the courts. Court documents as defined in the Scottish Information Commissioner's exemption briefing note on section 37 of the Act are exempt from release but may be available under the normal court procedures.

By Email:

foi@scotcourts.gov.uk

By Post:

The Freedom of Information Officer
Scottish Court Service Headquarters
Saughton House - Spur N1
Broomhouse Drive
Edinburgh
EH11 3XD


DATA PROTECTION ACT 1998

HOW TO ACCESS INFORMATION FROM SCOTTISH COURT SERVICE (SCS)

Under the Data Protection Act you are entitled to receive certain personal information which an organisation holds about you.
Subject to certain important exemptions, you are entitled:

  • To be informed whether personal information about you is being processed by us
  • To be given a description of any such information
  • To be advised of the purposes for which that information is being processed and
  • To be advised of the people to whom the information may be disclosed.
In addition, you are entitled to have the content of the information communicated to you and to be told of the source of the information, if known.

The SCS holds personal data within court papers. If you require access to your own personal data held within these files, we can provide it to you if you make a subject access request (see how to make a request section below) under the Data Protection Act. However, you should note the following point:-

Personal Information about Other People


Personal information may not be disclosed where it could lead to the disclosure of personal information about another person who could be identified from that information. We are, however, obliged to provide as much of the information as it is possible to disclose without disclosing the identity of the other individual.

How to make a Request

You can request information which we may hold about you by making a subject access request. The application form is available to download from the SCS website, or you can obtain a hard copy by writing to the address below.

The form must be completed in ink and you should explain clearly what information you are looking for. To help establish your identity, copies of TWO official documents must accompany your application, which between them clearly show:

  • Your name
  • Your date of birth and
  • Current address
For example, a photocopy of a driving licence, birth/adoption certificate, passport and any other official document that shows your name and address.

You should then submit the form and identification to:
The Data Protection Officer
Scottish Court Service
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Or e-mail to dpo@scotcourts.gov.uk

Once the request has been validated, it shall then be sent to the appropriate court or business unit to process.

Charging a Fee

The Data Protection Act provides that up to £10 may be charged as a fee for providing information to you. It is the current policy of the Scottish Court Service to charge the maximum fee of £10. This can be paid at your local court or by sending a cheque or postal order in the sum of £10 made payable to Scottish Court Service.

Complaints

If you consider that a request by you for access to your personal data was not dealt with in accordance with the Data Protection Act, you may write to the Information Commissioner, who may do one of the following:
  • Make an assessment as to whether it is likely or unlikely the SCS has complied with the 1998 Act
  • Issue enforcement proceedings if he is satisfied that SCS has contravened one of the data protection principles
  • Recommend that you apply to court alleging a failure to comply with the subject access provisions of the Act.
The Information Commissioner can be contacted at:

Wycliffe House
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113 or 01625 545700
http://www.ico.gov.uk