Question:
A comment is sought on internal notes from NHS Fife regarding a recent decision notice from the Scottish Information Commissioner.
Response:
On 28 May 2025 the Scottish Information Commissioner (SIC) ruled that NHS Fife had failed to comply with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to the information requests made about the legal costs associated with an ongoing employment tribunal (Decision Notice: 133/2025).
NHS Fife stated publicly that it accepted the decision of the Commissioner and is currently carrying ‘adequate, proportionate searches for the information’ as prescribed by the SIC ahead of its deadline on 14 July 2025.
In considering its response to the Commissioner, a member of staff made draft internal notes reflecting on a complex and challenging case which could be perceived as questioning elements of the judgement.
These notes were subsequently and mistakenly shared in error with a member of the public as part of a separate data request. Once the error was identified this was immediately recorded in-line with NHS Fife’s statutory requirements relating to data breaches. The SIC were also aware of the error.
NHS Fife fully respects the role and authority of the Scottish Information Commissioner and continues to accept the Scottish Information Commissioner’s decision in this matter.
[ENDS]
