Scottish Court Upholds Confidentiality in Salmond Inquiry Documents

30 October 2026

In a recent ruling, the Scottish Court of Session determined that the Scottish Information Commissioner erred in law by ordering the release of certain documents related to the Hamilton Inquiry. This inquiry investigated whether former First Minister Nicola Sturgeon breached the ministerial code concerning her predecessor, Alex Salmond.

The court's decision underscores the paramount importance of protecting the identities of individuals involved in sensitive legal matters. The Scottish Government had appealed against the Commissioner's order, arguing that disclosing the material could inadvertently reveal the identities of complainants from Mr. Salmond's criminal trial, where he was acquitted of all charges. Such disclosure would not only violate existing court orders but could also constitute contempt of court.

The judges emphasized that even the risk of assumptions being made about the complainants' identities could breach court orders designed to safeguard their privacy and dignity. They stated, "It is sufficient if disclosure of the information would create a real risk of identification of the complainers in the communities in which they lived or worked." This highlights the delicate balance between transparency and the necessity to protect individuals from potential harm.

For those navigating the complexities of legal proceedings, especially in cases involving sensitive information, this ruling serves as a reminder of the legal system's commitment to confidentiality and the protection of vulnerable parties. At Thompson Family Law, we understand the intricacies of such matters and are dedicated to guiding our clients through these challenges with care and professionalism.

For more details on this ruling, you can refer to the original report by ITV News. ([itv.com](https://www.itv.com/news/2026-10-30/information-commissioner-erred-in-law-with-salmond-files-order-court-rules?utm_source=openai))