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FOI Consultation Update

FOI Consultations: share your views on how FOI can be improved

There are currently two live current consultations taking place which aim to enhance and improve FOI law in Scotland. The Commissioner urges anyone with an interest in FOI and the rights it provides to take part in these important consultations, to ensure that FOI in Scotland works as well as it can for both the people who use it and the organisations it covers.

The first consultation to launch was a proposal for a Private Member's Bill to reform FOI by Katy Clark MSP. This was followed shortly after by the Scottish Government's own consultation on FOI rights, which seeks views on the recommendations made during the Scottish Parliament's post-legislative scrutiny of FOI in 2019/20.

We would urge anyone with a view on how FOI can be amended, strengthened or protected to respond to these two important consultations; whether it's to respond to all of the issues raised, or just share views on those which are most significant for you, your organisation or your community. This is a unique opportunity to have your voice heard, and your views will help ensure that FOI works as effectively as possible for us all.

Both consultations will run until 14 March 2023.

Read more about the two consultations below.

 

The consultations

Private Member's Bill to reform FOI

Katy Clark MSP launched a proposal for a Private Member's Bill to reform FOI on 1 November 2022. The consultation is seeking views on a wide range of proposals to amend FOI law. These proposals that are put forward in the consultation document include:

  • The extension of FOI to all bodies delivering public services
  • Reform of the FOI duty for public authorities to publish information
  • The creation of a formal FOI Officer role
  • Review of the FOI Act's exemptions
  • The pausing of the FOI 'clock' when clarification is required
  • Review of the definition of 'information'
  • Removal of the need to provide a name and address when requesting information
  • The addition of a 'purpose clause' to clarify the key purpose of the FOI Act.

Respondents are invited to submit views on any or all of the proposals put forward in the consultation. The consultation closes on 14 March 2023 (this date has been extended from 2 February). 

Click here to read the full proposal and take part in the consultation on the Scottish Parliament's website.

Scottish Government consultation on access to information rights

The Scottish Government launched its own consultation on the reform of FOI on 29 November 2022. This seeks views on the recommendations made during the Scottish Parliament's post-legislative scrutiny of FOI, and aims to gather further evidence on the need for any change to FOI law. 

Specific areas on which views are sought include:

  • Whether additional bodies should be brought within the scope of FOI law
  • The information that should be published proactively by public bodies
  • the impact of technological developments on FOI rights
  • Technical amendments to ensure the FOI Act remains fit for purpose

Again, respondents are invited to submit views on any or all of the issues raised. The Scottish Government's consultation closes on 14 March 2023.

Read the full consultation and share your views on the Scottish Government's website.