Section 2: About the Scottish Information Commissioner

The Scottish Information Commissioner and Freedom of Information

The Scottish Information Commissioner is responsible for enforcing and promoting FOISA. Kevin Dunion was appointed as the first Scottish Information Commissioner in February 2003. He was reappointed in 2008 for a second term of four years. He is supported in his role by a small team of staff in the Office of the Scottish Information Commissioner, based in St Andrews.

FOISA, which came into force on 1 January 2005, provides a general right of public access to information held by Scottish public authorities. However, this right can be restricted where one of a number of exemptions listed in FOISA applies. Any person requesting information, who disagrees with an authority's decision to refuse to provide it, has the right to appeal to the Commissioner. The Commissioner's main role is to carry out investigations in response to such appeals and to issue legally binding determinations, which may require the release of the information or uphold the decision of the authority. The Commissioner also promotes good practice in relation to freedom of information within the Scottish public sector and informs the public about their rights under FOISA. He is also responsible for approving publication schemes produced by all public authorities covered by FOISA.

The Scottish Information Commissioner falls within the definition of a Scottish public authority under FOISA. This means that he, too, is obliged to disclose information on request under the terms of FOISA.

Responsibility for Environmental Information Regulations (the EIRs)

The Commissioner is also responsible for enforcing the EIRs, which also came into force on 1 January 2005. These regulations provide a right to access any environmental information within a framework broadly similar to that under Freedom of Information.