The Campaign for Freedom of Information in Scotland marks International Right to Know Day this week, urging stronger protection of the public’s right to official information.
Why access matters
Prompt access through proactive publication or a freedom-of-information request lets people form informed opinions and assert their legal rights.
In February, the Scottish government voted against the general principles of Katy Clark MSP’s Freedom of Information Reform (Scotland) Bill, preferring non-legislative approaches.
Katy Clark has written to the Scottish Parliament’s Public Audit and Appropriations Committee to learn whether the committee will work on FOI reform or consider a Committee Bill before she decides on re-introducing her proposal.
Government’s current workstreams
The government briefed the committee on progress toward its FOI policy objectives and the three workstreams announced in June 2024.
One target, delivering a revised Section 60 Code of Practice that guides public authorities on FOI duties, has been met.
Other undertakings need to be delivered over the next three months, but the government has chosen to delay action on revising the 2011 Section 61 Code of Practice on Records Management because of the Level 3 Interventions launched by the Scottish Information Commissioner in 2017 and February 2024.
Rising demand and regulator strain
FOI requests rose 13 percent in the last year to 111,241, while appeals to the commissioner increased 83 percent to 1,084, creating a heavy workload for the small regulator.
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The commissioner’s annual report shows 77 percent of appeal decisions were wholly or partly in the requester’s favour, indicating many public bodies still misinterpret the law.
For example, Dumfries and Galloway Council initially said information could not be released because it was internal legal advice. The commissioner ruled otherwise and noted the council had conducted no searches, claiming “no reason to believe the information should be held.”
Evidence of non-compliance is widespread: 59 percent of the 720 identified issues involved the local-government sector.
Public trust and future reforms
The 2025 Scottish Social Attitudes Survey asked respondents how much they trusted the Scottish Government, UK government and local councils to make “fair decisions.” Fewer than a quarter answered “a great deal” or “quite a lot” for any of the three.
The Programme for Government 2026-2031 announced ministers intention to work with Parliament to build on the previous Committee reviews into the Parliamentary Commissioner environment with a view to consolidating their number while protecting their functions.
The Scottish Human Rights Commission is barred from casework, including advice, guidance and grants, under section 6 of the Scottish Commission for Human Rights Act 2006.
Carole Ewart is director of the Campaign for Freedom of Information in Scotland.