Open Update: FOI news from the Scottish Information Commissioner |
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FOI news from the Scottish Information Commissioner |
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FOI: A user's guide
Are you looking for guidance on the effective use of freedom of information (FOI) rights to access information from Scotland’s public bodies? Or perhaps there’s someone you know who would benefit from more information about how FOI might help them?
As part of our celebration of 20 years of FOI in Scotland, we’re excited to invite you to our first webinars of 2025, dedicated to helping individuals get the most out of their right to request information from Scottish public authorities.
Our speakers will walk you through the process of making an effective information request, discuss solutions to the challenges that requesters can sometimes face, provide examples of how FOI has helped others and offer tips to ensure a timely, accurate and helpful response!
Whether you’re a member of the public, a campaigner, or you think FOI might be helpful to you in your work, this webinar will provide you with the tools and guidance to help you access the information you need. - What: Using FOI - A guide to making successful freedom of information request
- When: 14:00-15:30, Tuesday 29th April 2025 or 18:00-19:30, Wednesday 30th April 2025
- Where: Online (Microsoft Teams)
- Cost: Free
To register your interest click on the link below
Be sure to keep an eye on our events page and social media channels: BlueSky, LinkedIn and X to see what else we have planned through the year. |
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Commissioner closes SEPA intervention We recently closed our intervention to help restore and improve the FOI performance of the Scottish Environment Protection Agency (SEPA). The intervention - which was launched in response to issues arising from SEPA’s 2020 cyber-attack - was closed after the organisation demonstrated that its response rate had recovered to 95% ‘on-time’ over recent months.
The intervention also saw SEPA invest in the recruitment and training of staff; review and improve its request handling and procedures; and revise its approach to proactive publication. Importantly, the intervention also benefitted from the active support of SEPA’s senior management team.
We look forward to following the ongoing impact of SEPA’s improvement work over the coming weeks and months. |
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New resource provides routemap to regulators Have you used FOI to access information and are looking for the next body to turn to which can help you take your issue or concern forward? Or are you simply looking for an organisation who can help you out with a problem or complaint?
We have put together a handy list of other bodies, including a variety of Commissioners, Ombudsmen and Regulators providing support across a wide range of issues, to help people take the next important step towards resolving a matter of concern – whatever it may be. |
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Latest FOI statistics now available The latest batch of public authority FOI and EIR statistics covering the period from October to December 2024 have been uploaded to our website.
Our report shows that in the last year from December 2023 to 2024 there were over 83,000 information requests received by public authorities in Scotland. 88% of responses have been responded to on time with 76% resulting in the disclosure of some or all the information requested (53% full disclosure).
For more data, or to find out how the authorities in your area are performing, visit our statistics portal. |
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Commissioner gives evidence to the Scottish Parliament Scottish Information Commissioner David Hamilton has given evidence to the Scottish Parliament twice over the last month.
On 30 January, the Commissioner and his team appeared before the Standards, Procedures and Public Appointments Committee to discuss our 2023/24 Annual Report. During the session the Commissioner set out the work being done to resolve the backlog of FOI appeals, while also highlighting the value of undertaking proactive interventions to improve FOI performance within authorities. The Commissioner also called for the extension of FOI rights to private bodies that deliver public services, including in the care sector: “we have not had any legislation extension for 5 years…and, while that continues, people suffer an information deficit.”
To watch this evidence session visit: tinyurl.com/SICEvidence
The Commissioner also gave evidence to the Supported Bodies Landscape Review Committee on 20 February, which is examining the establishment and operation of bodies which are supported by the Scottish Parliamentary Corporate Body (SPCB).
Watch the SPCB Supported Bodies evidence session. |
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Commissioner supports Kyiv Declaration on FOI Following his visit to Kyiv in October 2024 to take part in a conference exploring access to information under martial law, Scottish Information Commissioner David Hamilton has confirmed his support for the UN-backed declaration emerging from that event. The Kyiv Declaration sets out to create a framework for access to information for authorities to adopt in times of conflict.
Find out more and read the Kyiv Declaration. |
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Stand by for the 2025 FOI Award winners... The winners of the 2025 eCase FOI Awards will be announced today (5 March) at a conference in London. The conference will also feature a range of speakers from the world of FOI, including Scottish Information Commissioner David Hamilton and UK Information Commissioner John Edwards.
Winners of the FOI Practitioner, Team, and Rising Star of the year will be announced at the conference and shared on social media soon after. The event will also be recorded, with sessions made available on the eCase website shortly. |
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Now recruiting: Head of Business Support Would you like to join our team? We’re looking for someone to join our Senior Management Team to help run our small and busy organisation, helping to ensure the successful delivery of our important work to promote and enforce Scotland’s FOI laws.
We’re currently recruiting for a Head of Business Support. Want to know more? Visit the recruitment page of our website for further details… |
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FOI and EIR responses must set out the reasons for decisions... FOI law requires that public authorities must include certain elements in their responses to requesters for these to be legally compliant. Where an authority is refusing a request, FOI law requires that it sets out the reasons for that refusal, while reasons must also be given for the outcome of reviews.
In Decision 005/2025, a requester was unhappy because they believed their request, which was handled under the Environmental Information (Scotland) Regulations (the EIRs) should have been handled under the FOI Act. On considering that case, we agreed that the request had been appropriately handled under the EIRs (as the information requested was ‘environmental’ in nature). However, we also found that the authority had failed to clearly explain why it considered the information to be ‘environmental’ in its review response to the requester, and had therefore failed to meet the relevant requirement under regulation 16(3) of the EIRs. |
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...and explain the reason for any timescale extensions under the EIRs The EIRs also allow authorities to extend the timescale for a response – up to 40 working days – in certain circumstances, where the information requested is both complex and voluminous.
In Decision 005/2025 we also found the authority had failed to notify the requester of its decision to extend the EIR timescale within 20 working days of receipt of the request, while also failing to provide the requester with an adequate explanation for why it was necessary to extend the timescale to respond to their request (regulation 7(3)(b)). |
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Authorities should ensure they understand a request from the outset If an authority finds that it needs further information to respond to a request, both the FOI Act and the EIRs enable authorities to seek clarification. Clarification requests must be made as soon as possible, however, to avoid any undue delay in responding. Authorities should, therefore, take time to ensure they fully understand a request from the outset.
In Decision 005/2025, a clarification request was only sent to the requester following the expiry of the initial 20-working day period. Had the authority done this earlier in this case, the Commissioner considers that it would have been possible to respond to the request within the initial 20-working day period and an EIR timescale extension would not have been required. Taking time to understand this request from the outset, therefore, would have led to a far better outcome, and would have prevented some of the technical breaches outlined above from arising.
Issues relating to an authority’s failure to appropriately understand the nature of a request also recently arose in Decisions 013/2025 and 019/2025. |
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Appropriate consultation with third parties can inform some FOI decisions In some circumstances, it may be appropriate for an authority to consult with third parties to inform their decision-making on requests. This can arise, for example, where an authority considers that the commercial interests of a third party may be harmed by disclosure.
In Decision 007/2025, we found that an authority had failed to make the case that disclosure of information about the calculation of fees paid to contractors would substantially harm either its own commercial interests, or those of the contractors. In coming to this decision, the Commissioner noted that no attempt had been made to obtain the views of either contractor, and the authority had not provided any argument which properly demonstrated that the required level of harm would occur.
The Scottish Ministers’ Section 60 Code of Practice has more guidance for public authorities on when and how it may be appropriate to consult with third parties about FOI requests. |
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7 April 2025 - Submissions open for Quarter 4 FOI statistics Submissions open for public authorities to submit their FOI statistics for the period covering January to March 2025. |
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