Information that we may not Provide

All information covered by our publication scheme is set out in Section 13, which describes the classes of information which are published by the Council. All information covered by our publication scheme can either be accessed through our website, or will be provided promptly following receipt of your request.

However, sometimes we may not be able to provide certain information which is described in the scheme.  This could be for two reasons.

We do not have it or publish it

Because this publication scheme is based on a model scheme, the class structure covers every possible type of information a council might publish.  Under law, a model has to be adopted in its entirety, and The Moray Council may not have or publish every type of information covered by every class description. Where this is the case, we will indicate this in the ‘notes’ section and, if relevant, explain why (see Section 13 for more information about this).  If we have the information but do not publish it via this publication scheme, you still have a right to request access to it - see section 11 for advice.  

Information is exempt from disclosure

Our aim in maintaining this publication scheme is to be as open as possible.  You should note, however, that there may be circumstances where information will be withheld from one of the classes of information listed in Section 13.  This may be an entire document, or just parts of a document (for example, minutes of meetings might be published, but with personal information ‘blacked out’).  Information will only be withheld, however, where FOISA (or, in the case of environmental information, the Environmental Information (Scotland) Regulations 2004) expressly permits it.

Information may be withheld, for example, where its disclosure would breach the law of confidentiality, harm an organisation’s commercial interests, or endanger the protection of the environment.  Information may also be withheld if it is someone’s personal information and its release would breach data protection legislation.

Whenever information is withheld we will inform you of this, and will set out why that information cannot be released.  Even where information is withheld it may, in many cases, be possible to provide copies with the withheld information edited out.

If you wish to complain about any information which has been withheld from you, please refer to Section 10 – Complaints.