⚠️FOI: Datasets transferred from the Highland Council to the Assessor & Electoral Registration Officer of the Highland & Western Isles Valuation Joint Board
Request to the Highland Council.
Sent: 25 January 2026
Due: 23 February 2026
Review Sent: 23 February 2026
Review Due: 24 March 2026
SICO App Sent: 3 April 2026
SICO Ref: 202600650
SICO Decision # : 113/2026
SICO Decision Date: 15 May 2026
SICO Deadline: 29 June 2026
FS-Case-790357348
15 May 2026
Decision Notice 113/2026
Datasets transferred to Assessor/Electoral Registration
Officer – failure to respond
Applicant: [redacted]
Authority: Highland Council
Case Ref: 202600650
Summary
The Applicant asked the Authority for information about datasets, privacy notices and Data Protection Impact Assessments (DPIAs) for datasets accessed by the Assessor/Electoral Registration Officer. This decision finds that the Authority failed to respond to the request within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs). The decision also finds that the Authority failed to comply with the Applicant’s requirement for review within the timescale set down by the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EIRs).
Background
1. The Applicant made an information request to the Authority on 25 January 2026.
2. The Authority did not respond to the information request.
3. On 23 February 2026, the Applicant wrote to the Authority in respect of its failure to respond.
4. The Applicant did not receive a response to her requirement for review.
5. The Applicant wrote to the Commissioner, stating that she was dissatisfied with the Authority’s failure to respond and applying to the Commissioner for a decision in terms of section 47(1) of FOISA. The enforcement provisions of FOISA apply to the enforcement of the EIRs, subject to specified modifications – see regulation 17.
6. The Commissioner determined that the application complied with section 47(2) of FOISA and that he had the power to carry out an investigation.
Investigation
7. Section 49(3)(a) of FOISA requires the Commissioner to notify public authorities of an application and to give them an opportunity to comment. The Commissioner did this on 28 April 2026.
8. The Authority did not provide the Commissioner with any submissions.
9. It is apparent from the terms of the request that at least some of the information caught by it may be environmental as defined in regulation 2(1) of the EIRs. In Decision 218/20071 Transport Scotland, the Commissioner confirmed at paragraph 51 that where environmental information is concerned, there are two separate statutory frameworks for access to that information and, in terms of the legislation, an authority is required to consider the request under both FOISA and the EIRs.
10. Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the request to comply with a request for information. This is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 5(2)(a) of the EIRs.
11. It is a matter of fact that the Authority did not provide a response to the Applicant’s request for information within 20 working days, so the Commissioner finds that it failed to comply with section 10(1) of FOISA and regulation 5(2)(a) of the EIRs.
12. Section 21(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the requirement to comply with a requirement for review. Again, this is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 16(4) of the EIRs.
13. It is a matter of fact that the Authority did not provide a response to the Applicant’s requirement for review within 20 working days, so the Commissioner finds that it failed to comply with section 21(1) of FOISA and regulation 16(4) of the EIRs.
14. The remainder of section 21 and regulation 16 set out the requirements to be followed by a Scottish public authority in carrying out a review. As no review has been carried out in this case, the Commissioner finds that the Authority failed to discharge these requirements: he now requires a review to be carried out in accordance with section 21 and regulation 16.
15. The Commissioner recommends that the Authority considers whether it would be appropriate to apologise to the Applicant for its failure to comply.
Decision
The Commissioner finds that the Authority failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) and with the Environmental Information (Scotland) Regulations 2004 (the EIRs) in dealing with the information request made by the Applicant. In particular, the Authority failed to respond to the Applicant’s request for information and requirement for review within the timescales laid down by sections 10(1) and 21(1) of FOISA and regulations 5(2) and 16(4) of the EIRs. The Commissioner requires the Authority to provide a review response, by 29 June 2026.
Appeal
Should either the Applicant or the Authority wish to appeal against this decision, they have the right to appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of this decision.
Enforcement
If the Authority fails to comply with this decision, the Commissioner has the right to certify to the Court of Session that the Authority has failed to comply. The Court has the right to inquire into the matter and may deal with the Authority as if it had committed a contempt of court.
Jill Walker
Deputy Head of Enforcement
15 May 2026
23 February 2026
Dear Miles,
The following FOI are now overdue. If you could review these at your earliest opportunity I shall be grateful.
1. FS-Case-790475639 - Information Asset Register. Target date: 23 FEB 2026
2. FS-Case-790379184 - IDOX Event Logs for Planning Officer Wilson & Dent. Target Date: 23 FEB 2026
3. FS-Case-790349092 - s.164A implementation of GDPR Requests Complaints Procedure. Target Date: 23 FEB 2026.
4. FS-Case-790357348 - Datasets transferred from the Highland Council to the Assessor & Electoral Registration Officer of the Highland & Western Isles Valuation Joint Board. Target Date: 23 FEB 2026
Thank you for your time & attention.
Kind regards.
25 January 2026
Please provide the following information:
1. List of Datasets - A comprehensive list of all datasets that the Assessor/ERO of the Highland & Western Isles Valuation Joint Board has accessed, or formally requested access to from the Highland Council or was transferred to the Assessor/ERO on the initiative of the Highland Council for any purpose since January 2022. This should include, but is not limited to: Blue Badge records, payroll data, planning, building standards, education, housing or housing benefit records, council tax records, STL licencing data etc.
2. The purposes for which each dataset is transferred and the specific categories of data (names, addresses, birthdates, NI, other etc.) allowed access to for each dataset.
3. The relevant Article 13 privacy notices or Article 14 privacy notice templates pertaining to each dataset transferred or allowed access to.
4. The relevant Article 30 RoPA entries pertaining to these dataset transfers.
5. Any Data Protection Impact Assessments (DPIA’s) pertaining to the transfer and use by 3rd parties of these datasets.
6. State the methods of access used for each dataset. (e.g., direct read-only access to Council systems, batch file transfers, manual spreadsheet extracts, correspondence, data matching software etc.).
7. For each dataset listed, state the specific legislative provision that the Council relies upon to authorise the transfer of this data to the Assessor/ERO and provide any internal policies, contracts, written agreements that apply to access of each dataset.
Thank you for your time & attention.
Kind regards.