News In Focus

23 May 2005

First FoI ruling upholds complaint

A speed camera body broke the new freedom of information legislation in refusing information to a motorist, the Information Commissioner has ruled.

In his first decision on a referred complaint, Kevin Dunion upheld the driver's right for information on the calibration of the equipment said to have caught him exceeding the speed limit.

The Lothian and Borders Safety Camera Partnership had argued that the certificate requested was evidence that might be used in court. Mr Dunion rejected this as a reason, ruling that the authority had failed to provide an explanation for its refusal under the Freedom of Information (Scotland) Act.

He also criticised the body for posting inadequate information on its website, and for failing to inform the driver of the right to have the Commissioner review the refusal.

The authority has been given three months to make improvements.

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