***Correction: The version of our newsletter issued earlier today contained inaccurate data in the news item on Scotland’s FOI rating. This is corrected in the version below.*** |
|
|
Open Update: FOI news from the Scottish Information Commissioner |
|
|
|
|
FOI news from the Scottish Information Commissioner |
|
|
|
|
Reforming FOI – it’s time to share your views As regular readers will know, Katy Clark MSP’s Private Member’s Bill to Reform FOI was introduced to the Scottish Parliament in June.
The Bill is now being considered by the Scottish Parliament’s Standards, Procedures and Public Appointments Committee, and the Committee is looking for you to help inform its scrutiny.
The Bill covers lots of areas – you can read our summary here – but some of the areas where you may want to share your views include: - Will the Bill help to improve transparency and strengthen FOI in Scotland?
- Should the current ‘publication scheme’ duty to publish information be replaced by a Code of Practice, enforced by the Scottish Information Commissioner?
- Should public authorities be required to ‘pause’ the FOI Act’s 20 working day response time when clarification is required, rather than ‘reset the clock’ when clarification is received?
- Do you agree with the proposals designed to speed up the designation of new public bodies?
- Should every public body have a designated FOI officer?
- Do you agree that the power of the First Minister to ‘veto’ certain decisions of the Scottish Information Commissioner should be removed?
- Do you support the proposal to create a new offence where information is destroyed with the intent to prevent FOI disclosure, even if no request has been made?
Whatever your views on any or all of these issues, the Committee would like to hear from you. Click on the link below to find out more. The call for views closes on 22 October 2025. |
|
|
|
|
|
It’s been a busy year… The latest public authority FOI requests data submitted through our Statistics Portal shows that it has been a busy year for FOI in Scotland…the number of reported requests in a 12 month period has broken the 100,000 mark for the first time, with 102,227 requests reported over the last year.
The data also tells us that, despite the increase, public bodies are continuing to respond well to FOI, with 88% of requests answered within the FOI Act’s 20 working day timescale – up from 86% a couple of years ago. We can also see that 75% of requests resulted in the disclosure of some or all of the information people have asked for (with this figure rising even higher when ‘information not held’ responses are excluded).
You can explore all of this data and more on our FOI portal – which now allows you to compare the response of an individual public authority with other bodies in the same sector, at a glance. Visit our FOI Statistics Portal to find out more. |
|
eCase FOI Awards 2026 are GO! 28th September was International Access to Information Day, and the day was marked with the launch of the 2026 eCase FOI Awards – the national award scheme that recognises, rewards and celebrates good practice in FOI request-handling across the UK.
We know for a fact that there is a huge amount of great FOI practice out there in Scotland – as noted above most requests are answered with information being provided in a timely fashion - so we (and our friends at the eCase FOI Awards..) want to hear more about it!
It doesn’t matter which organisation you work for, or whether your request volumes are large or small, if you have a positive story to share then this is your chance to shine. And recognition through the awards can also bring lots of real-world benefits for both you, your team and your wider organisation.
So what are you waiting for? Find out how to nominate for the 2026 eCase FOI Awards here. |
|
International experts recognise the strength of Scottish FOI Since 2011, the Canadian Centre for Law and Democracy has been rating FOI laws around the world. While it typically focusses on ‘national’ laws, it recently agreed to review Scottish FOI as a piece of ‘subnational’ legislation.
And what was the result? Well, Scotland’s FOI Act received a rating of 103 out of a possible 150 points – a rating which places Scotland law in the upper rankings when compared to national laws…while also underlining that there remains much about Scotland’s law that can be improved. In the international ratings, for example, 35 countries (out of a total of 140 assessed) achieve a rating higher than 103.
By means of comparison - and demonstrating the comparative strength of FOI in Scotland - the UK FOI Act achieves a current rating of 92.
You can view the ratings on the Rating Index here - you’ll find Scotland’s rating on the International and Subnational page.
You can also read the Commissioner’s response to the rating here. |
|
Public authority webinars – what would you like to see? We’re currently planning a short series of webinars, aimed at FOI staff, due to launch later this year. Do you work in FOI? If so, we’d like to hear about the topics you’d like us to cover.
Would you like to know more about how we investigate cases, how certain exemptions/exceptions should be applied, or what to expect if we open an intervention?
Whatever your suggestion, drop us an email by 17 October 2025 to let us know. Get in touch at enquiries@foi.scot. |
|
Care sector extension update The Scottish Government is continuing its work to explore the extension of FOI to cover third party providers of care homes and ‘care-at-home’ services – a move which would ensure that those in receipt of private care services have the same information rights as those using services provided by local authorities or the NHS.
The Scottish Government will launch a formal consultation on extension in the Autumn, but meanwhile it has been meeting with an Advisory Group of individuals and organisations – which includes our office - to inform its approach.
Find out more about the work of the Consultation Advisory Group. |
|
ICO Guidance on disclosing information The UK Information Commissioner’s Office (ICO), which is responsible for data protection law across the whole of the UK, has published new guidance on disclosing information securely. The guidance aims to minimise the risk of potential data breaches through FOI disclosures. It includes advice on checking documents for hidden data along with ‘how to…’ videos.
Read the new guidance on the ICO’s website. |
|
|
|
|
|
Can an issue be resolved without a decision? Under the FOI Act, the Commissioner can attempt to resolve an application by reaching an agreement between the authority and the requester. Often, further information or explanation is provided to the requester which satisfies their need for information, so they withdraw their appeal to the Commissioner.
Recent cases that were settled include those where an authority: - provided unverified raw data as a means of answering a request
- informed the requester that another public authority had published all the information sought
- supplied some of the information that had been asked for
Public authorities should always consider whether there is further information, advice or explanation they can offer a requester, as this can often resolve the issue. |
|
FOI or the EIRs? We often come across cases where an authority has responded under the wrong legislation. Environmental information requests must be handled under the Environmental Information (Scotland) Regulations (the EIRs) and not the FOI Act.
We know that the question “what is environmental information?” can sometimes be tricky, but our guidance on this can help, and our previous decisions also show what subjects have been handled under the EIRs before.
This month we issued two decisions where we required an authority to reconsider the request under the EIRs: Remember, if you are unsure, you can always contact our office for advice. Our staff can talk you through the questions to consider, and give you a view as to whether the Commissioner is likely to consider that the information is environmental. |
|
Estimated costs still need to be evidenced The FOI Act allows an authority to refuse to comply with a request if the estimated cost of responding would exceed £600. Under the EIRs, there is no directly equivalent cost limit, but the EIRs do allow requests to be refused if they are “manifestly unreasonable” – and this will include circumstances where the cost of complying is excessive.
In Decision 206/2025, an authority relied on this provision in relation to a request where it estimated that the cost of complying would exceed £1,000. The authority claimed that five members of staff would need to carry out searches, and each search was estimated to take six hours. In total, it claimed that complying would require 48 working hours.
However, the authority had not undertaken a sample search to evidence the calculations it had cited, and it had failed to provide us with any evidence to support its view that searches would take each person six hours. We therefore required that the authority respond to the request.
Any authority seeking to refuse a request on the grounds of cost should ensure that they can evidence the costs they have estimated, carrying out a sample search, where appropriate. |
|
…and that includes records of searches In Decision 208/2025, another authority refused a request on the basis that it would cost over £1,100. The authority had provided us with three estimates using different methodologies and indicated that it was relying on the third estimate.
We asked the authority to provide screenshots of searches that had been carried out (noting a disparity between the estimates supplied). It refused, claiming that screenshots were not routinely taken or retained. The Commissioner did not accept this, noting that this authority had provided screenshots of searches in previous cases. Our decision requires that the authority carry out new searches and provide the Commissioner with screenshots to evidence those searches.
When a case is appealed an authority must be prepared to provide evidence of its searches. Retaining screenshots will typically be the easiest way to do this. |
|
|
|
|
|
|
|
6 October 2025 - Collection of FOI statistics for Quarter 2 2025-26 The window opens for the submission of public authority FOI statistics for the period between 1 July and 30 September 2025. |
|
18 November 2025 - Holyrood FOI Conference 2025 This year’s Holyrood conference will celebrate 20 years of FOI, with speakers including all four past and present Scottish Information Commissioners. |
|
1 December 2025 - Scottish Public Information Forum (SPIF) The next meeting of SPIF will take place online at 14:00. Further information on the meeting, which is open to all, will be published on the Campaign for FOI in Scotland’s website shortly. |
|
|
|
|
|
|
|
|
