Freedom of Information Annual Report 2010/11

As this is the Scottish Information Commissioner’s eighth – and last - annual report, it is a fitting time to look back over a period which has resulted in Scotland being internationally recognised for the strength of its FOI regime - going, in the space of a decade, from being an aspiration to a fact of Scottish public life.

FOI Timeline 2002 to 2011 (PDF - 537 kB)

2002
May	Act receives Royal Assent	The Freedom of Information (Scotland) Bill becomes and Act of the Scottish Parliament

2005
Jan	Laws come into force	Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (the EIRs) come into force
Jan	First appeal received	Request for childhood leukaemia statistics from the CSA*
Apr	First and only Ministerial certificate issued	Exempts information regarding the G8 summit at Gleneagles
May	Commissioner issues first decision	Speed camera information to be disclosed
Dec	Surgical mortality rates revealed	Commissioner rules that surgical mortality rates should be released

 *CSA - Common Services Agency (also known as NHS National Services Scotland)

2006
June	All MSP expenses published	Scottish Parliament publishes all MSP expenses online
Dec	First court ruling	Court of Session rules in favour of Commissioner - CSA ordered to release childhood leukaemia data (Appealed to the House of Lords)

2007
Jan	Court finds Ministerial advice can be released	Court of Session agrees that FOISA does not create class exemption for advice/exchange of views
Sept	Authorities becoming more open	Research finds that 71% of public authorities report a positive change in culture as a result of FOISA
Oct	Health contract released	Commissioner orders release of full PFI contract between NHS Lothian and Consort Healthcare

2008
May	Research partnership formed	Commissioner and University of Strathclyde join forces to undertake study into low use of FOI by civil society
June	Should more bodies be covered?	Ministers announce a "discussion exercise" to determine whether to consult on designating new bodies under FOISA
July	House of Lords allows appeal	House of Lords allows appeal by the CSA, who seek to withhold childhood leukaemia statistics - decision remitted to the Commissioner
Nov	First practice assessment	Commissioner's first practice assessment is made - of tie Ltd
Dec	78% are aware of FOISA	Public awareness has increased from 44% in 2004 to 78%

2009
Jan	Centre for Freedom of Information in Scotland opens	Lord Wallace opens the Centre, a partnership between the Commissioner and Dundee Law School
Aug	Commissioner orders release of prison financial model	Commissioner orders release of financial model for privately-run Kilmarnock Prison
Dec	Designation consultation announced	Scottish government announces formal consultation on extending FOISA to cover a range of additional bodies

2010
Jan	First phase of civil society research published	Finds that 39% of voluntary sector respondents deterred from using FOISA in case it harms working relations with public authorities
May	Childhood leukaemia statistics released	Commissioner issues replacement decision ordering CSA to release childhood statistics in aggregated form which will not identify individuals
May	Can statistics identify sex offenders?	Court of Session remits decision withholding sex offender statistics back to the Commissioner (who orders release in July 2011)
July	Designation consultation commences	Designation consultation commences
July	1,000th decision issued	Scottish Government required to disclose details of meetings of Council of Economic Advisers
Dec	First road show	The Commissioner's first regional road show in Inverness attracts delegates from voluntary organisations in the Highlands

2011
Jan	Ministers announce designation not going ahead	At the same time Ministers announce their intention to introduce a Freedom of Information (Scotland) Amendment Bill

 

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