William Beggs had attempted to obtain the information sought from the police since 2010 has now argued that the Scottish Information Commissioner had failed to apply a presumption of openness. The reason for this was it was questioned whether the information ought to be disclosed had been incorrectly applied through the test of public interest.
In 2010 Mr Beggs requested information relating to CCTV footage from cameras located in the Kilmarnock area. The police had then refused to give the information. It was considered that various exceptions under the FOISA applied.
The appellant then applied to the Scottish Information Commission under section 47(1) of the Act. The appeal was however refused by the Commissioner.
Following the refusal he then tried to secure legal aid to appeal to the Supreme Court but was unable to secure the funding. This then led to a fresh FOISA request in 2018.
Although, it was found that Police Scotland initially refused to respond to the 2018 request under the grounds it was vexatious but was ordered by the Commissioner to carry out the review.
After the review, the Commissioner still upheld his decision and the fresh appeal was still refused.