08 February 2007
Scottish Ministers v Scottish Information Commissioner (2007), The Times, 29 January (Court of Session, Inner House)
Where a public authority refuses a freedom of information request on the basis that to provide the documents requested would inhibit the process of communication between civil servants and ministers and prejudice the conduct of public affairs, it is not entitled to refuse to release documents because they are part of a class of documents; rather, the authority has to be able to justify the refusal on a document-by-document basis.
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