Compliance & Enforcement
Scottish public authorities have risen to the challenge of FOI since it came into force in January 2005. Research undertaken during 2007 suggests more information is being released since FOISA came into force, many authorities have devoted additional resources to FOI and the vast majority regard FOI as having a positive impact on their organisational culture. The Commissioner is committed to deepening that attitude and building on the positive cultural shift that is beginning to take place in Scotland.
The Commissioner has a duty under FOISA to promote good practice amongst public authorities, and his strategic and operational plans for the next 4 years set out how he plans to do this, including undertaking further research in specific sectors, providing briefing and guidance, and encouraging authorities to examine ways of doing things differently.
As well as promoting good practice across sectors, the Commissioner will focus attention on individual authorities which might require advice on specific aspects of performance. He will identify any authorities which are persistently or seriously failing to comply with their obligations under FOISA and takes steps to rectify poor practice, and ensure the public's right to information is respected.
This approach will not just look at the circumstances relating to an individual case, but will go beyond and look at practice and compliance by individual authorities based on a wider set of evidence. Patterns of persistent failure may include e.g.
- failure to recognise FOI requests;
- failure to respond to requests within the required timescale;
- inadequate searches for information held;
- improper calculation of the costs of responding to requests.
Enforcement Strategy
The Commissioner's Enforcement Strategy, launched in May 2008, sets out how he intends to take this forward. It covers his general functions to promote good practice; details of the evidence gathering methods he will employ to investigate practice issues; and the actions he may take as a result.
