SNP Government back in court after failing to publish Alex Salmond filesLawyers representing John Swinney's Government are arguing against the country's Information Commissioner. ‌Christine O’Neill KC, representing Scottish ministers, said both ministers and the Information Commissioner accept that the information in dispute is information subject to legal advice privilege and/or litigation privilege. She told the court in Edinburgh: “The Scottish Information Commissioner’s position is that not withstanding its privileged status the public interest requires its disclosure. David Johnston KC, representing the Information Commissioner, said it is common ground that legal professional privilege is a matter of “the most fundamental importance” and that the commissioner recognises that. ‌However, he said: “Important though legal professional privilege is, it is not an absolute bar against release of information when that section 36(1) exemption is pled.