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.