Freedom of Information

Freedom of Information refers to the right to access information held by public authorities. In Scotland this right is set out in three Scottish laws: 

  • Freedom of Information (Scotland) Act 2002 - an Act of the Scottish Parliament which gives everyone the right to ask for any information held by a Scottish public authority
  • Environmental Information (Scotland) Regulations 2004 (the EIRs) - giving everyone the right to ask for environmental information held by a Scottish public authority (and some other bodies)
  • INSPIRE (Scotland) Regulations 2009 - specifically creating a right to view spatial datasets (such as map data) held by Scottish public authorities

Additionally, some UK legislation also applies in Scotland:

  • The Freedom of Information Act 2000  – applies to UK-wide public authorities, some of which operate in Scotland such as the BBC
  • The Data Protection Act 1998 - governs access to personal information UK-wide

Freedom of Information (Scotland) Act 2002

The Freedom of Information (Scotland) Act 2002 and the EIRS were introduced by the Scottish Parliament to ensure that people have the right to access information held by public authorities in Scotland. This includes information that may previously have been withheld by public authorities.

Subject to certain exemptions, such as protection of personal data and commercial interests, or national security, any person can make a Freedom of Information request to access data held by over 10,000 public authorities in Scotland including local councils, National Health Service boards and Scottish Government. 

If your request for information is refused or ignored, you have the right to ask the public authority to review their decision. 

Enforcing and promoting both the Freedom of Information (Scotland) Act 2002 and the EIRS is the responsiblity of the Scottish Information Commissioner. The Commissioner  has powers to force the public authority to release any information that is not exempt under the Act.

How can voluntary groups use Freedom of Information?

Freedom of Information (FOI) can be a valuable resource for the voluntary sector. FOI can help Third Sector groups gain valuable information that will help strengthen campaigns and improve activities and services. As well as offering community groups the opportunity to learn more about specific public authority services - and to gain evidence to support where the gaps might be- the FOI can also be used to explore how central and local government funding decisions have been made. 

 

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Last Updated 19/04/2013 16:47