\n It is the highest level of intervention currently available and addressed \u201cserious, significant and persistent\u201d concerns around the use of freedom of information (FOI) legislation.\n<\/p>\n
\n At least six significant issues were identified by the watchdog, including the health boards “interpretation” of requests and the handling of “high profile issues”.\n<\/p>\n
\n It comes after NHS Fife has been rebuked by the watchdog<\/a> on a number of occasions, including how it has handled FOI requests from The Herald in relation to costs and transparency in the Sandie Peggie employment tribunal<\/a>.\n<\/p>\n \n Mr Hamilton said there were also concerns around NHS Fife\u2019s \u201cco-operation with the Commissioner\u2019s staff during the investigatory process\u201d.\n<\/p>\n \n The intervention will look to address the issues and support improvements in the culture and practice from the health board.\n<\/p>\n \n Mr Hamilton said: \u201cLevel 4 interventions are extremely rare, but the serious and systemic nature of the concerns that have come to light mean that this is the only route through which these issues can be appropriately addressed and resolved. While the board is undoubtedly facing challenges, the failure to get its FOI response right has only served to compound those challenges – and is eroding trust between it and the public it serves.\n<\/p>\n \n Read more:\n<\/p>\n \n \u201cThese issues need to be urgently addressed if NHS Fife is to meet its legal duties, and I will work constructively with the board to help get its FOI function back on track, for the benefit of all.\u201d\n<\/p>\n \n The Information Commissioner has asked the health board to designate a member of staff to take the improvement work forward by January 16.\n<\/p>\n \n This intervention is only the second to have been undertaken at level four, with the first launched in 2021 in response to the inappropriate sharing of personal information about an FOI requester by Aberdeenshire Council.\n<\/p>\n \n In a letter to the health board, Mr Hamilton said the health board had \u201cfailed to fulfil its statutory obligations\u201d.\n<\/p>\n \n He said: \u201cAs you may be aware, level four interventions are extremely rare; however, I consider that \u2013 given the range of issues identified \u2013 a level four intervention is most appropriate in this case.\u201d\n<\/p>\n \n The letter was also sent to Patricia Kilpatrick, chair of Fife Health Board and Health Secretary Neil Gray<\/a>.\n<\/p>\n \n Mr Hamilton warned the health board in July it could face contempt of court proceedings in the Court of Session after it appeared to suggest it had not fully complied with a decision made by the watchdog.\n<\/p>\n \n The health board published a lengthy statement which said claims that it had been compelled to release cost information by the Scottish Information Commissioner were \u201cinaccurate\u201d.\n<\/p>\n \n A fresh investigation was formally launched into NHS Fife in relation to how it handled requests in the Sandie Peggie employment tribunal.\n<\/p>\n \n The Commissioner was critical of the health board\u2019s refusal to answer requests from The Herald and other media outlets about how much public money had been spent on the case.\n<\/p>\n