Freedom of Information in Scotland

FOI IN SCOTLAND

The Freedom of Information (Scotland) Act came into force on 1 January 2005.

(Link to the Act: http://www.hmso.gov.uk/legislation/scotland/acts2002/20020013.htm)

The Act introduced 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 for information will be entitled to receive it.

The Act is being promoted and enforced by a fully independent Scottish Information Commissioner. Mr Kevin Dunnion is the current post holder. His duties include:

1. the promotion of good practice;
2. approving and assisting in the preparation of publication schemes;
3. providing information on the operation of the Act; and,
4. enforcing compliance with the Act.

The Scottish Information Commissioner does not have responsibility for enforcing Data Protection legislation and is completely independent from the (UK) Information Commissioner. The (UK) information Commissioner has responsibility for policing the Freedom of Information Act 2000, which does not apply to bodies covered by the Scottish legislation, and for enforcing the Data Protection Act 1998 which applies to the whole of the UK.

Link to the Office of the Scottish Information Commissioner: http://www.itspublicknowledge.info/home/ScottishInformationCommissioner.asp

The Act required Scottish Ministers to issue a Code of Practice on Records Management (the section 61 Code).

Link to the Code of Practice 61: http://www.scotland.gov.uk/About/FOI/18022/13383

Scottish Executive (now Scottish Government) conducted in 2006 a review of FOI in Scotland following the Act's first year in operation. Here is a link to RMS Scotland Group's response to the consultation:

http://www.scotland.gov.uk/Resource/Doc/115300/0028497.pdf

Scottish Government conducted in Spring 2009 a survey on Freedom of Information (Scotland) Act 2002 Section 61 Code of Practice on Records Management. RMS Scotland Group was invited to respond. Here is our response:

FOI S61 CoP RMS Scotland response.pdf  (25.4 KB)

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