This item was published during the term of a previous administration that ended in April 2007
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New rights to information from 10,000 public bodies
01/01/2005
Scottish Freedom of Information Act comes into force
today, introducing new rights to access the wealth of
information that public authorities hold and stimulating a
more proactive and open approach to release of that
information.
It means anyone anywhere in the world can ask public
bodies for any information they hold.
The legislation builds on existing Executive initiatives
like Efficient Government and e-government to ensure public
services are built around the needs of the people who use
them.
Minister for Parliamentary Business Margaret Curran
said:
"The Executive is committed to open and transparent
government. This is highlighted by the Scottish Freedom of
Information Act - one of the first pieces of legislation
discussed in the Scottish Parliament after devolution.
"FoI and the openness it brings is a genuine opportunity
- for individuals, for campaigning groups and for public
sector organisations themselves. It fits with our aim of
delivering public services built around the needs of the
people who use them.
"The legislation will deliver genuine benefits to the
people of Scotland. It will give people the opportunity to
find out more about their local school, hospital or council
- or, indeed, any of the estimated 10,000 or so public
bodies in Scotland covered by the legislation.
"But FoI is not just about releasing information when
asked. It is about moving towards more proactive release of
information - recognising the benefits that come from
greater civic participation, from a more inclusive and
informed approach to policy making, and from greater local
engagement.
"These benefits will not all be secured overnight, and
nor should the impact of the FoI legislation be judged on
the first few weeks. But I do I believe that our FoI
legislation is one of the most significant commitments to
openness and transparency in public service that Scotland
has ever seen, and I am sure that public bodies will
embrace the opportunities it offers and work in partnership
with the people of Scotland to deliver the new open culture
of governance it embodies."
Freedom of Information Q&A
WHY DO WE NEED A FREEDOM OF INFORMATION ACT IN
SCOTLAND?
The Act will give everyone the right to access the
wealth of information held by Scottish public authorities.
It will help to increase the accountability of public
bodies, and promote greater openness throughout the
Scottish public sector. It will help to ensure that public
bodies look outward to the needs and aspirations of the
individuals and communities that they are there to
serve.
WHAT DOES THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
DO?
The Freedom of Information (Scotland) Act 2002
introduces a general statutory right of access to all types
of 'recorded' information of any age held by Scottish
public authorities. Subject to certain conditions and
exemptions, any person who makes a request to a public
authority for information will be entitled to receive
it.
The Act also introduces the post of Scottish Information
Commissioner whose role will be to promote and enforce the
legislation. Kevin Dunion is the first Scottish Information
Commissioner.
WHAT IS A PUBLICATION SCHEME? WHO HAS TO HAVE ONE AND
WHAT MUST THEY CONTAIN?
Publication schemes are the vehicles for proactively
publishing information under the Act. All Scottish public
authorities must have a publication scheme in place,
approved by the Scottish Information Commissioner, and they
must publish information in accordance with that
scheme.
A publication scheme will set out:
• classes of information which the authority publishes
or intends to publish;
• the manner in which such information will be
published; and
• whether the information is available to the public
free of charge or on payment.
Information which is not included in a publication
scheme may be requested under the general right introduced
by the legislation.
WHAT RIGHTS DO I HAVE TO FIND OUT WHAT INFORMATION THE
GOVERNMENT OR OTHER ORGANISATIONS ARE KEEPING ABOUT ME
PERSONALLY?
You have rights under the Data Protection Act 1998 to
access your personal information held by the Government and
other organisations. The Freedom of Information (Scotland)
Act 2002 will not change these rights.
WHICH BODIES ARE COVERED BY THE FREEDOM OF INFORMATION
(SCOTLAND) ACT 2002?
The Act applies to Scottish public authorities listed in
the Act. This includes the Scottish Executive and its
agencies, Local Authorities, NHS Scotland, Schools,
Colleges and Universities, the Police and the Scottish
Parliament. The Act also provides for other bodies to be
added to this list at a later date, and for organisations
to be designated as public authorities if they exercise
functions of a public nature or provide a service under a
contract which is a function of a public authority.
HOW DO I MAKE A REQUEST FOR INFORMATION?
Making a request for information is straightforward. All
you will need to do is make your application in writing, or
in some other format which can be kept permanently,
describing as fully as possible the information that you
are looking for, and giving your name and address for
correspondence. You do not need to give reasons for your
request or even mention that it is a Freedom of Information
request.
WHO IS THE SCOTTISH INFORMATION COMMISSIONER?
The Act establishes the post of a Scottish Information
Commissioner, with responsibility to promote and enforce
the FOI legislation. The Commissioner is a fully
independent public official whose duties include:
• the promotion of good practice;
• approving and assisting in the preparation of
publication schemes;
• providing information on operation of the Act;
and,
• enforcing compliance with the Act.
Kevin Dunion has been appointed to this post by Her
Majesty, on the nomination of the Scottish Parliament.
Further information about the Commissioner is available on
his website at:
http://www.itspublicknowledge.info/
HOW MUCH WILL I HAVE TO PAY TO GET THE INFORMATION I
WANT?
Charging for information under the Act is discretionary.
Where authorities want to charge there is a framework set
out in regulations which enables only limited cost
recovery. This provides for the first £100 of information
to be provided free of charge and thereafter for only 10
per cent of associated charges to be met by the applicant.
There is an upper cost limit of £600 beyond which
authorities need not provide the information.
WILL THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 MEAN
I CAN GET HOLD OF ANY DOCUMENTS I WANT?
Documents published by a Scottish public authority will
be covered by its publication scheme and, subsequently, be
exempt from the access provisions in the Act. In contrast,
an authority will be required to respond to requests for
any information which is 'unpublished' on a case-by-case
basis, taking into account the right of access and any
exemptions which may apply.
WHAT ARE THE MAIN REASONS A PUBLIC BODY MAY WITHHOLD
INFORMATION FROM ME?
Certain types of information held by a public authority
may be regarded as exempt information i.e. it would not
have to be provided in response to an individual request.
The Act sets out a number of such categories, relating to
matters such as national security and defence, police
investigations, and the formulation or development of
government policy. In most instances there is a public
interest test that needs to be applied before a decision on
whether or not to release the information is taken.
WHO HAS THE FINAL SAY ON WHETHER I CAN HAVE THE
INFORMATION I HAVE ASKED FOR?
If dissatisfied with a public authority's response to a
request for information, the applicant must first ask the
authority to review its decision. If still dissatisfied,
the applicant can then appeal to the Scottish Information
Commissioner who has the power to order the authority to
disclose the information.
HOW LONG WILL I HAVE TO WAIT FOR THE INFORMATION I HAVE
REQUESTED?
The authority must reply within 20 working days of
receiving your request. If the authority has asked you to
provide further information to help them to identify and
locate the requested information, the 20 day period starts
when they receive that further information. The 20 day
period does not include any time between the authority
requesting a fee from you and that fee being received by
the authority.
CAN I SAY HOW I WANT THE INFORMATION TO BE GIVEN TO
ME?
Yes. The authority should provide the information in the
form you prefer, if it is reasonably practicable to do so.
The Act lists 3 means by which you may ask for information
to be provided:
• a copy, in permanent form or some other form
acceptable to you;
• a summary or digest;
• an opportunity to inspect a record containing the
information. Authorities also have a duty to provide advice
and assistance to applicants who are seeking
information.
WHERE CAN I FIND MORE HELP AND INFORMATION?
General information of Freedom of Information in
Scotland can be obtained on the Scottish Executive website
at
http://www.scotland.gov.uk/foi/
and on the Scottish Information Commissioner's website at
http://www.itspublicknowledge.info.