The Bill aims to modernise and strengthen Scotland’s freedom of information (FOI) framework, which currently allows individuals to access information held by public authorities. The existing Freedom of Information (Scotland) Act 2002 has been in force since 1 January 2005. The new Bill seeks to address contemporary challenges in public service delivery and information accessibility, including the outsourcing of public services to private organisations, evolving funding and delivery models, and the increasing use of digital technologies.
The key provisions of the Bill include:
- Extension of FOI coverage: A central objective of the Bill is to extend FOI obligations to all bodies delivering public services or services of a public nature, regardless of whether they are public or private entities. This would mean that private organisations performing public functions (such as care home providers) using public funds would fall within the scope of the legislation. It is also proposed that Scottish Ministers must consider recommendations from the Scottish Information Commissioner when deciding whether to designate a body as subject to FOI obligations.
- Proactive publication: The Bill introduces a new statutory duty requiring public authorities to proactively publish information, thereby reducing the need for FOI requests. This duty would be guided by a Publication Code, to be developed by the Scottish Information Commissioner, outlining the types of information that should be made publicly available.
- Designation of dedicated FOI officers: Each public body would be required to appoint a dedicated Freedom of Information Officer. This role would be similar to that of a Data Protection Officer, ensuring compliance with FOI obligations and facilitating access to information.
- Updated enforcement powers: The Bill proposes to enhance the enforcement powers of the Scottish Information Commissioner. This includes removing the First Minister’s power to override certain decisions of the Commissioner (a power that has never been used) and introducing a new offence of destroying information to prevent its disclosure, even if no FOI request has been made.
It remains to be seen what further amendments will be made as the Bill progresses through Parliament. If enacted, the legislation would significantly broaden the scope of FOI law in Scotland, bringing a wider range of service providers under its remit and increasing internal administrative responsibilities related to FOI compliance.
