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Alexandria Gallagher v The Scottish Information Commissioner
Alexandria Gallagher v The Scottish Information Commissioner
XA83/24
Thursday 18 September 2025
10:30 to 13:00 then 14:00 until conclusion
Second Division
[1] Section 12(1) of the Freedom of Information (Scotland) Act 2002 provides that if a Scottish public authority estimates that the cost of complying with a Freedom of Information request would exceed £600, it is not obliged to provide the requested information.
[2] On 18 January 2024 the appellant issued a request to the Police Investigations & Review Commissioner under section 1(1) of the 2002 Act. Amongst other questions, she sought information about the number of police officers arrested by PIRC since its formation in 2013.
[3] In a written response, PIRC informed the appellant that it did not readily hold the information requested. To retrieve the information, it would require to carry out a search of over 1,500 case files. The cost of doing so would be greater than £600. Section 12(1) of the 2002 Act therefore applied, and the information did not require to be provided.
[4] The appellant requested an internal review of PIRC’s decision. Again, PIRC explained that the cost to search for and deliver the information requested would far exceed £600. It maintained that section 12(1) of the 2002 Act applied, and it was not obliged to provide the information requested.
[5] The appellant made an application to the respondent, the Scottish Information Commissioner. She asked the respondent to decide whether PIRC had properly applied section 12(1) of the 2002 Act. The respondent decided that it had. PIRC had provided detailed information about its IT systems and data-management capabilities together with the costs associated with carrying out a manual search for the information. The respondent was satisfied that the cost of producing the information sought would be in excess of £600.
[6] Ms Gallagher appeals to the Court of Session. She argues that the respondent misapplied section 12(1) of the 2002 Act in that it accepted PIRC’s explanation without proper scrutiny. She contends that the public interest in the production of the information is paramount, and the respondent erred by failing to recognise that.
[7] The respondent resists the appeal. It argues that it properly understood and applied section 12(1) of the 2002 Act and that it properly fulfilled its statutory duty.
[8] The Second Division of the Inner House will hear the appeal on Thursday 18 September 2025.