Open Update: FOI news from the Scottish Information Commissioner |
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FOI news from the Scottish Information Commissioner |
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Sharing practice leads to better FOI for all David Hamilton Scottish Information Commissioner
Those of us who work in freedom of information will be well aware of the value that networking with colleagues and learning from the experience of other organisations and sectors can play in delivering more efficient and effective FOI.
It is with this in mind that I am very pleased to announce that, in 2026, there will be a new forum for Scotland’s FOI practitioners to come together to share their own experiences - and learn from that of others.
Following successful - and fully-subscribed - events in Birmingham, Manchester and London - the organisation eCase will be bringing their FOI Awards Conference – FOI26 - to Edinburgh on 4 March.
Anyone who has attended one of the past events will know that these conferences provide a great forum for sharing good practice, with a positive buzz and a strong sense of community, shared values and common purpose.
And the best news? Attendance at FOI26 will be free to staff working in FOI - ensuring that the potential barriers that some may face are reduced.
But, of course, places are limited, so if you are interested in attending this event, we’d recommend you act quickly. You can register your interest at www.ecase.co.uk/foi26.
A centrepiece of the conference will, of course, be the announcement of the winners of the 2026 eCase FOI Awards. If you haven’t yet considered a nomination I’d urge you to do so. Nominations are open across four categories – Practitioner, Team or Performer of the Year and Rising Star – and recognition through the awards can bring really positive benefits for individuals, teams and public bodies – both inside and outside your organisation.
We know that there is a huge amount of good practice taking place every day, right across Scotland - this is your chance to have that work recognised and celebrated. And, with a new ‘quick nominate’ system, the nomination process is easier than ever before.
So what are you waiting for? Making a nomination is easier than ever, but - be quick – nominations close on 2 January 2026! |
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Stage 1 Scrutiny of the FOI Reform Bill is underway… The Scottish Parliament’s Standards, Procedures and Public Appointments Committee has been holding evidence sessions throughout November to explore the Private Member’s Bill to Reform FOI, introduced by Katy Clark MSP.
During these sessions, the committee has heard views from a wide range of stakeholders, including trade unions, public authorities, legal experts and academics, as well as the Scottish Information Commissioner and FOI Minister Graeme Dey MSP.
The Committee will now be preparing its Stage 1 Report, which will include a recommendation to Parliament on whether the Bill should proceed.
You can watch or read about all the sessions on the Scottish Parliament’s website or read the Commissioner’s follow-up submission on the Bill. |
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Help restart the Part 7 FOI Network for 2026! Are you an FOI practitioner looking to connect with your peers? Several public-sector FOI networking groups run successfully across Scotland, but the Part 7 Network (which is open to bodies listed under the ‘Other’ category in Part 7 of Schedule 1 to the FOI Act) hasn’t met in over a year.
The network groups for local authorities, NHS boards, and the further/higher education sector find real value in these catchups, and we’re keen for Part 7 bodies to continue to benefit too.
We’re putting out a call for a volunteer willing to host the next meeting, and our office will provide support where we can. Previous groups have used a rolling chair, keeping admin minimal and ensuring no financial cost. These sessions are a great way to share experiences, catch up on the latest FOI developments, and discuss the issues relevant to your organisation.
If you’d like to host or attend, please get in touch! |
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Latest statistics show a continued increase in requests The latest quarterly FOI statistics are now live on our website. Over the past four quarters public bodies received almost 110,000 requests, showing a continued rise in demand across the public sector.
Requesters received all or part of the information they had asked for in 76% of cases, demonstrating the Scottish public sector’s positive and ongoing commitment to its FOI duties.
This quarter also saw a notable rise in reviews, with numbers increasing by around 39% compared to the previous period.
Registered Social Landlords led the charge on timeliness, issuing 98 % of responses within the statutory deadline, compared to 87% across the public sector as a whole. Local authorities continued to receive the largest volume, with over 61,000 requests across 59 authorities.
To explore this data further, or to compare activity across Scotland - visit our statistics portal for the full breakdown. |
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It’s that time of year again…don’t forget the public holidays! As we approach the festive season, here’s our annual call to requesters and public authorities to remember the public holidays when calculating FOI response times.
The public holidays this year will fall on 25 and 26 December, and 1 and 2 January – remember that these are counted as ‘non-working days’ for the purpose of FOI.
Any public authorities that close for the full festive period should note that requests received before 2 December will be due before 5 January, so please ensure these are completed before your festive break!
FOI requesters can also make use of our online response calculator, which helps you keep track of when you should have received a response by – while taking all public holidays into account. |
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Commissioner’s office closure While we’re on the subject, a quick reminder that our own office will close for a short period over the festive break, closing at noon on Wednesday 24 December and reopening again on Monday 5 January. We will, of course respond to any correspondence received over that time as soon as possible on our return.
And, on that note, we’d like to wish all our readers a peaceful festive period, and we look forward to seeing you in the new year! |
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Reflections on 20 years of FOI As we draw to the end of the freedom of information’s 20th anniversary year, our Deputy Head of Policy and Information, Paul Mutch, recently wrote a piece reflecting on the impact of FOI in Scotland over the last two decades, while also considering the changes to FOI law that may be on the horizon as we move into 2026, and the key role of senior managers in ensuring an organisations FOI function is effective and robust.
Read FOI at 20: What’s Next for Scottish Access to Information? here. |
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We’re recruiting! Business Support Administrative Officer Thinking about starting 2026 with a change of career? We’re recruiting for an Administrative Officer to join our Business Support Team. The successful applicant will support our finance and procurement function, including payroll, contracts, purchase to pay processes, workforce planning, records management, audit and reporting.
Interested? More information and details of how to apply are available on our website. |
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Use of the FOI Act’s ‘excessive cost’ provisions must be properly evidenced While most FOI requests in Scotland result in information being provided, FOI law does allow requests to be refused where the cost of responding would be more than £600. To apply this provision, public bodies must clearly demonstrate why the cost of responding would exceed this limit.
In Decision 257/2025, Police Scotland had argued that responding to a request for details of changes made to policies and documents following a statement on institutional discrimination would involve a manual trawl of records which would exceed £600.
The Commissioner was not, however, satisfied that the authority had demonstrated this. He considered that, based on the information provided, it was likely that relevant information could be identified through the undertaking of adequate and proportionate searches (using relevant key words and consulting staff members, where appropriate).
We therefore found that Police Scotland was not entitled to refuse the request on the grounds of excessive cost and required that a revised response be issued to the requester. |
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Information disclosed into the public domain will not, generally, be ‘confidential’ The FOI Act allows authorities to refuse to disclose information where a claim to confidentiality of communications could be maintained in legal proceedings. The types of communication that will fall into this category will include documents created in contemplation of litigation (legal action).
Decision 259/2025 considered a request that covered information created in contemplation of litigation. During our investigation, however, the authority changed its position on some of the information, acknowledging that some information contained in one document was already in the public domain, so should have been disclosed to the requester.
Where confidentiality is lost – through, for example the public disclosure or publication of information – the FOI Act’s confidentiality exemptions will no longer apply. Authorities should therefore take care to ensure that documents are carefully reviewed, only withholding information which genuinely falls within scope of the exemption.
For the remainder of withheld information, the Commissioner agreed that the exemption applied, and also found that the public interest favoured non-disclosure. In doing so, he noted that the public interest in disclosure of the information was not sufficiently compelling to outweigh the strong public interest in maintaining the confidentiality of communications between a legal adviser and their client. |
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…but sometimes the public interest may favour the disclosure of confidential communications While the public interest in maintaining the confidentiality of legal communications is undoubtedly strong, there are some circumstances where the public interest in disclosure will be stronger - meaning that information must be disclosed. In one recent high-profile case, we found this to be the case.
In Decision 279/2025 the Commissioner considered a request for the written evidence supplied as part of the investigation to determine whether former First Minister Nicola Sturgeon had breached the Ministerial Code.
The Commissioner’s decision requires the disclosure of some information, while finding that other information had been appropriately withheld. In particular, he found that the Scottish Government had incorrectly applied the exemption that protects information where disclosure would harm the effective conduct of public affairs to all of the withheld information, finding that disclosure would not substantially harm the Scottish Government’s ability to carry out future investigations of this type.
With regard to the confidentiality exemption, the Commissioner found that some information had been correctly withheld, while other information did not fall within the scope of the exemption. He also found that some information which did fall within the scope of the exemption should be disclosed on public interest grounds. In coming to this decision, the Commissioner noted the value of the information in contributing to public debate on a matter of significant public interest.
The Commissioner’s decision also highlights various procedural concerns in relation to the handling of this case. You can read a further summary of this decision here. |
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2 January 2026 – Deadline for submissions for eCase FOI awards 2026 You still have a couple more weeks to nominate yourself, a colleague, or your team or organisation for an eCase FOI Award. Visit the eCase website to find out more. |
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5 January 2026 – Collection of FOI Statistics for Quarter 3 2025-26 The window opens for the submission of public authority FOI statistics for the period between 1 October and 31 December 2025. |
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6 February 2026 – Closure of collection of FOI Statistics for Quarter 3 Public authorities should ensure that all relevant FOI statistics are submitted by this date. |
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4 March 2026 – eCase FOI26 Conference and Awards eCase’s free FOI Awards and Conference is coming to Scotland for the first time, with this year’s event taking place in Edinburgh. You can now pre-register on the eCase website. |
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