Summary
The Freedom of Information (Scotland) Act 2002 (FOISA) grants individuals the right to access recorded information held by Scottish public authorities. Under FOISA, public authorities must disclose requested information unless specific conditions or exemptions apply.
The Environmental Information (Scotland) Regulations 2004 (EIRs) provide a separate regime for accessing environmental information. Additionally, the INSPIRE (Scotland) Regulations 2009 require public authorities to make spatial datasets publicly available.
The Scottish Information Commissioner is an independent public official responsible for promoting and enforcing Scotland’s freedom of information laws. The Commissioner investigates appeals, ensures compliance with Scottish laws on freedom of information, and upholds the public’s right to information.
Since FOISA took effect on 1 January 2005, it has provided 20 years of access rights to public information. Over this period, the Scottish Information Commissioner estimates approximately 1.4 million requests have been made under FOISA and the EIRs. Scotland has seen four Scottish Information Commissioners, the passage of one amendment Bill, and the expansion of FOISA to include additional public bodies. The COVID-19 pandemic also temporarily affected the operation of the freedom of information regime.
Since 2017, both the Scottish Parliament and Scottish Government have conducted consultations on potential FOISA reforms, prompted by post-legislative scrutiny from the Session 5 Scottish Parliament Public Audit and Post-legislative Scrutiny Committee. While the Scottish Government has opted not to introduce legislative reforms, Katy Clark MSP has secured the right to propose the Freedom of Information Reform (Scotland) Bill, keeping the prospect of legislative change open.
