Elected members, as individuals, are not subject to FOISA - however MSPs and councillors do receive requests for information which is held by the Scottish Parliament or a Council - public authorities which are subject to the Act.
Elected members also have a unique role in helping their constituents use their rights to information effectively, and may wish to make information requests themselves, e.g. to seek information which will help them hold public authorities to account.
The Commissioner has published a series of factsheets to provide tailored support for MSPs and councillors, setting out how rights and obligations under FOISA apply to elected members, and providing advice on best practice.
Download the factsheets here:
About freedom of information in Scotland
Elected members and freedom of information
Guide to making an FOI request
The Scottish Information Commissioner