Assessing and improving practice
Scottish public authorities have risen to the challenge of FOI.
Research undertaken during 2007 suggests more information is being released since the Freedom of Information (Scotland) Act 2002 came into force, many authorities have devoted additional resources to FOI and the majority believe FOI has had a positive impact on their organisational culture.
What does the law say?
The Scottish Information Commissioner has a duty under section 43(1) of FOISA, to promote good practice amongst Scottish public authorities. The Commissioner may, under section 43(3), assess whether an authority is following good practice. If it appears to the Commissioner that the practice of a Scottish public authority does not conform to the code of practice issued by Scottish Ministers under section 60 (general functions) or section 61 (records management), a formal Practice Recommendation can be issued to the authority under section 44 of FOISA.
The Commissioner's approach
The Commissioner is committed to building on the positive cultural shift that is beginning to take place in Scotland. The strategic and operational plans, and his enforcement strategy, sets out how the Commissioner plans to do this e.g.
- providing guidance, and encouraging authorities to share experience and examine ways of doing things differently, and
- visiting individual authorities which might require advice on specific aspects of performance.
On these pages you will find self-help tools to help you improve your authority's FOI practice, and read about the experience of other public authorities. There is also more information on what to expect from a practice assessment visit, and advice on when the Commissioner may issue a formal Practice Recommendation.
The Commissioner's staff are happy to offer guidance and answer enquiries on the assessment programme, and on good practice generally.
Contact us on 01334 464610, or email assessments@itspublicknowledge.info
