The Scottish Information Commissioner FAQ
- Who is the Scottish Information Commissioner?
- How long has the Commissioner been in post and what was the job application process?
- What does the Scottish Information Commissioner do?
- How independent is the Commissioner?
- What's the difference between the Scottish Information Commissioner and the UK Information Commissioner?
Who is the Scottish Information Commissioner?
The Scottish Information Commissioner is Kevin Dunion. He was formerly the Chief Executive of Friends of the Earth Scotland and has extensive previous experience with roles in the Civil Service, Higher Education and charities including Oxfam (please see his biography for further information.)
How long has the Commissioner been in post and what was the job application process?
The Commissioner was appointed on 24th February 2003 after applying to a public advertisement in the national press and undergoing a series of interviews conducted by a panel of Scottish Parliamentarians. He was formally appointed by the Queen on the nomination of the Scottish Parliament. His appointment is for an initial term of 5 years.
What does the Scottish Information Commissioner do?
The Commissioner is appointed to interpret, promote and enforce the Freedom of Information (Scotland) Act, making sure that public authorities release information you are entitled to see.
Anyone who believes they have not received information to which they are entitled can appeal to the Commissioner. Following investigation he will determine whether the public authority concerned should provide the information requested. He has powers to enforce these decisions, and will also take steps to promote good practice by public authorities.
How independent is the Commissioner?
The role of the Commissioner is completely independent of the Scottish Executive or any other public authority. He has to make an annual report to Parliament and account for his finances to the Parliament and to the Auditor General. The Commissioner employs his own staff and legal team to enforce and promote the Freedom of Information (Scotland) Act.
Can the Commissioner help me retrieve personal information which public bodies hold about me?
No, access to your own personal information is regulated by the Data Protection Act which is overseen by the UK Information Commissioner, not the Scottish Information Commissioner.
What's the difference between the Scottish Information Commissioner and the UK Information Commissioner?
The Scottish Information Commissioner and the UK Information Commissioner (UKIC) have separate roles and responsibilities. Broadly speaking, the Scottish Commissioner is responsible for all public authorities in Scotland, while the UKIC is responsible for public authorities in England, Wales, and Northern Ireland, and for any agencies operating in both Scotland and another part of the UK. The UKIC's remit also covers Data Protection rights (personal information) for the whole of the UK.