An Open Scotland
Summary of proposals
The following is a summary of our proposals, with
cross-references to paragraph numbers.
A right of access
- A statutory right of access to official information (2.1, 2.2)
- All Scottish public authorities and service
providers (such as schools and the police) to be covered (2.4)
- Applies to both information and documents
(2.8)
- Anyone can apply (2.9)
- Simple system for applying for information
(2.11 - 2.13)
- Public authorities to respond within 20 working
days of receipt of request (2.14)
- A statutory duty on public authorities to
publish certain information (2.15, 2.16)
Costs and charging
- Costs of regime not to be met in full by applicants (3.6)
- Charging regime to be fair to genuine applicant
and straightforward and simple to operate (3.9)
- Three options for charging scheme (3.10 -
3.16)
Tests for disclosure
- Careful balance required between right of access and protection of sensitive
information (4.1)
- The public interest in disclosure must be
considered (4.6 - 4.8)
- A demanding harm test of 'substantial prejudice'
(4.11, 4.12)
- Compatibility with UK FOI Act in relation
to investigation and prosecution of crime (4.13, 4.14)
- Investigation and prosecution of crime not
to be prejudiced by FOI (4.15, 4.16)
- Policy advice and related information covered
by a combination of class-based and content-based exemptions (4.17, 4.18 )
- Factual background information to major policy
announcements to be disclosed (4.19)
- Exemptions drawn largely from the Code of
Practice on Access to Scottish Executive Information (4.20 - 4.22 and Annex
C)
Personal information
- Most personal information to be accessed under the provisions of the
Data Protection Act 1998 (5.9)
- Personal information which falls outside
the provisions of the Data Protection Act 1998 to be subject to FOI rights
of access (5.10)
Reviews and appeals
- Independent review and appeals mechanism (6.2)
- Independent Scottish Information Commissioner
(6.3, 6.4)
- Commissioner to have powers to order the
disclosure of information, adjust charges, resolve disputes by mediation and
have a right of access to documents (6.5)
- For certain categories of information, the
final say on disclosure to rest on a collective decision of the Scottish Ministers
(6.6, 6.7)
- Independence of Lord Advocate, as head of
systems of criminal prosecution and investigation of deaths in Scotland, preserved
(6.8, 6.9)
- Two stage appeals system (6.12 - 6.14)
- Commissioner's decision final; subject only
to judicial review (6.15)
- Consider case for providing right of appeal
to an Information Tribunal (6.16)
Public records
- No proposals for changes to current public records system (7.1)
- Retain existing 30 year rule (7.5)
- Scottish public authorities to be encouraged
to operate efficient records management practices (7.6 - 7.8)
- Possibility of national archives legislation
to receive separate consideration (7.9, 7.10)
Changing the culture
- Commitment to culture of greater openness in public sector (8.1)
- Build on existing openness regimes (8.3)
- Programme of work to address training needs
and other issues (8.6 - 8.10)
- Scottish Information Commissioner key to
fostering greater openness (8.11, 8.12)
