The Scottish Information Commissioner is an independent public official, appointed by Her Majesty the Queen on the nomination of the Scottish Parliament. This means that the Commissioner carries out her functions without being directed or controlled by the Scottish Government or Parliament.
The Commissioner's functions include investigating appeals and issuing legally enforceable decisions. Applicants and public authorities have a right to appeal the Commissioner's decisions, on a point of law, to the Court of Session. The Commissioner also provides guidance to public authorities on how to meet their legal obligations, and information to the public about their rights.
The Commissioner is answerable for the use of public money which is provided in order to carry out these functions. This section of the website explains how this works, and describes the arrangements that are in place to scrutinise the Commissioner's management of public resources.
The Scottish Information Commissioner is a public authority, receiving public funding. As such she is responsible for the economy, efficiency and effectiveness with which those resources are used. Visit the following pages for more information.
Relationship between Commissioner and SPCB - The Scottish Information Commissioner is one of several officeholders which the Scottish Parliamentary Corporate Body (SPCB) provides with an annual budget. Changes to the law have strengthened the powers that the SPCB has to approve or direct some of the Commissioner's activities (but not investigations or decisions).
The Advisory Audit Board - The AAB supports the Commissioner in her role as accountable officer. The AAB advises on the arrangements which are in place for corporate governance, managing risk and auditing financial and management performance.
Managing the organisation - The Commissioner and her Senior Management Team (SMT) meet regularly. The SMT is responsible for the development and operation of the functions supporting the Scottish Information Commissioner in the exercise of her duties and responsibilities. Minutes of these meetings are published online, here. There are also office policies and procedures which direct how the office is run.
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