Fri 17 Oct 2025

Freedom of Information Reform Bill: Shaping the future of transparency in Scotland

Public consultation closes 22 October 2025

On 2 June this year, the Freedom of Information Reform (Scotland) Bill was introduced to the Scottish Parliament. The Freedom of Information (Scotland) Act 2002 (the 2002 Act) allows individuals to access information held by public authorities, subject to certain limitations. Twenty years on, the 2002 Act has come under scrutiny regarding its effectiveness in recent years.

As a result, the Freedom of Information Reform (Scotland) Bill has been introduced with the aim of modernising and strengthening Scotland’s freedom of information framework by introducing new mechanisms for enforcement, expanding the Scottish Information Commissioner’s powers, and placing new duties on public authorities in relation to the storage and publication of information.

The key proposals of the reform include:

  • Expanded coverage: The Bill will extend FOI obligations to organisations performing public functions, regardless of whether they are public or private entities.
  • Proactive publication: A new statutory duty will require public authorities to proactively publish information.
  • FOI Officers: Public bodies must appoint a designated Freedom of Information Officer.
  • Enhanced enforcement powers: The Scottish Information Commissioner will receive enhanced powers and the First Minister’s power to override the Commissioner’s decisions will be removed.

For further details on the proposed changes, please read our previous article here.

The Bill is currently at Stage 1 of the parliamentary process and, as it progresses, we may see significant amendments made to it. The Scottish Parliament is currently seeking views on the Bill from members of the public, legal bodies, public bodies, information governance professionals and other stakeholders with an interest in the information system.

The consultation window closes on 22 October 2025. You can submit your views here.

This article was written by Aleksandra Werecka, Trainee Solicitor in MFMac's Commercial team.

Related Insights

Make an Enquiry

From our offices we serve the whole of Scotland, as well as clients around the world with interests in Scotland. Please complete the form below, and a member of our team will be in touch shortly.

Morton Fraser MacRoberts LLP will use the information you provide to contact you about your inquiry. The information is confidential. For more information on our privacy practices please see our Privacy Notice