Key parts of Scotland’s freedom of information (FOI) law must be reformed urgently, the independent watchdog which monitors the legislation has said. Information Commissioner David Hamilton said it is time to extend FOI law to organisations like care homes.
January 1 will mark the 20th anniversary of FOI law being introduced, giving public bodies legal obligations to release information when requested – unless it falls within a defined set of exemptions. Mr Hamilton urged the Scottish Government and MSPs to refresh the laws around FOI “to ensure that they remain fit-for-purpose for the next 20 years, and beyond”.
Scottish Labour MSP Katy Clark is expected to introduce a Freedom of Information Reform (Scotland) Bill to Holyrood. The proposals include extending coverage to all bodies delivering public services and also increasing accountability by introducing a statutory duty for information to be proactively published.
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Mr Hamilton said: “It’s disappointing to learn that the Scottish Government has decided to delay its consultation on extending FOI to social care providers, leading to further delays in the provision of information rights to users of these key public services.
“Freedom of information has had a big impact in Scotland over the last 20 years, resetting the balance of power between individuals and organisations, supporting public engagement and improving the transparency and accountability of public services. However, after 20 years, there are parts of Scotland’s FOI law which are undoubtedly showing their age.
“It’s an undisputed fact that FOI has failed to keep up with changes in the way public services are delivered, and the extension of FOI rights to bodies that provide vital services like care homes is long overdue. Alongside this, there is also a need to update the FOI Act’s duty to publish information to reflect our digital age and introduce new measures to prevent the deliberate destruction of information to purposefully avoid disclosure under FOI.”
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The Scottish Government said it has maintained its FOI response performance despite an increase in requests. Parliamentary business minister Jamie Hepburn said: “Scotland has the most open and far-reaching freedom of information legislation in the UK.
“The Scottish Government will consider the terms of Katy Clark’s proposed FOI Reform Member’s Bill at such time as any Bill is introduced. The Scottish Information Commissioner has highlighted the impressive nature of the Scottish Government’s current level of performance against timeframes, with over 95% of FOI requests currently responded to within the statutory deadline.
“Ministers remain committed to consulting on extension of the Freedom of Information Scotland Act in the care sector after the National Care Service Bill has been passed.”
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