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Complaints for Freedom of Information

The Act is enforced by the Scottish Information Commissioner. The Commissioner has a wide variety of powers under the Act to ensure compliance and an authority could be found in contempt of court if it fails to comply with a notice issued by the Commissioner.

The Commissioner is a fully independent public official. His duties and legal powers should ensure that people get the information from Scottish public authorities to which they are entitled. He has a number of responsibilities which include: dealing with complaints, promoting good practice to authorities, informing the public about the Act and enforcing the Act.

Complaints concerning requests can only be made to the Information Commissioner once an applicant has exhausted the National Museums Scotland internal review process. If an applicant is dissatisfied with the response from the authority, they can take their complaint to the Scottish Information Commissioner. If the Commissioner decides to proceed he will invite comments from the Museum and then decide if the complaint is valid. The Commissioner will notify both the applicant and the Museum of his decision.

On occasions the Commissioner will require more information before he can make a decision concerning a complaint. He may then issue the authority with an information notice and he also has the right to apply for a warrant to enter an authority's premises and remove documents.

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National Museums Scotland, Scottish Charity, No. SC 011130