Do internal emails need to be disclosed under FOIA?
The Commissioner has advised that the Freedom of Information Act provides a general right of access to information held by Public Authorities, regardless of the form in which the information is held. Internal emails may therefore need to be disclosed under the Act. Do not forget that some of the information contained in the emails may be exempt, and other information may be supplementary to the boundaries of the request. Such information does not need to be disclosed. Emails can be deleted during the normal course of business, however, emails must not be deleted with the intention of evading disclosure. The Scottish Act makes this very clear. It is good practice for practices to have a retention and disposal of documents, including emails, policy. The Scottish Ministers have produced a code of practice on Good Practice in Records Management (see question 24) and the GPC intends to publish further guidance on this subject.
