Scottish Court Upholds Anonymity in Salmond Case: Implications for Freedom of Information

5 November 2026

In a recent ruling, the Inner House of the Court of Session has quashed decisions by the Scottish Information Commissioner that mandated the disclosure of information related to complaints against former First Minister Alex Salmond. The court determined that releasing such information posed a "real or substantial risk" of identifying the complainers, thereby breaching existing anonymity orders and potentially constituting contempt of court.

This case underscores the delicate balance between the public's right to information and the protection of individuals involved in sensitive legal matters. While transparency is a cornerstone of a democratic society, it must be weighed against the rights and safety of those who come forward with complaints, especially in cases involving allegations of a personal and sensitive nature.

For individuals and organizations seeking information under the Freedom of Information (FOI) Act, this ruling serves as a reminder that certain exemptions exist to safeguard personal privacy and uphold court-imposed restrictions. It's crucial to understand that while FOI laws promote openness, they also contain provisions to prevent harm that could arise from the disclosure of specific information.

At Thompson Family Law, we recognize the importance of both transparency and privacy. If you have questions about how this ruling might affect your rights or obligations under FOI laws, or if you need guidance on navigating the complexities of information requests, our experienced team is here to assist you. We are committed to providing clear, practical advice tailored to your unique circumstances.