Annual report reveals rise in FOI appeals
A 19% increase in appeals under the freedom of information laws, with the requester being wholly or partly successful in 65% of cases, is reported in the Scottish Information Commissioner's annual report for 2017-18, now published.
However the total of 507 appeals is below the level seen in two of the previous four years.
Commissioner Daren Fitzhenry, who took up office in October 2017, states in the report that "With continued high levels of public awareness of FOI and record numbers of information requests to Scottish public authorities, this year has seen information being disclosed in response to more requests than in any year to date."
The year's work included a "level 3 intervention" – the second highest of four levels of action – against the Scottish Government, in light of serious concerns raised by journalists as to bad practices in responding to requests. It required the Government to develop an action plan for approval, by 13 September, to which ministers responded; the Commissioner will monitor and review its implementation.
A similar intervention with Police Scotland the previous year is now at the monitoring stage.
Level 4 interventions, the top level, were completed with Sycamore School and Eden Park Academy which had failed to adopt a publication scheme. Both authorities have complied.
At 15%, the proportion of appeals under the Environmental Information Regulations was the highest to date, compared with 12% in 2013-14 and 14% in the intervening years.
Three quarters of appeals came from members of the public, up from 66% in 2016-17 and 61% in 2015-16. Over the same period media appeals were down from 20% to 11%, and those from solicitors, whether or not on behalf of clients, fell from 4% to 1%.
Mr Fitzhenry further states: "We have also seen moves towards greater proactive publication from a number of authorities, such as the development of disclosure logs so that disclosed information is made easily available to everyone." Other highlights include the Scottish Government’s announcement of its intention to extend the application of the Freedom of Information (Scotland) Act to registered social landlords, an extension that his office has long called for, and consideration of the legislation for post-legislative scrutiny.
In a separate message released for International Right to Know Day, he commented: "FOI is such a powerful and valuable tool. The data shows that most FOI requests are successful in securing disclosure of information. My message to people is: it’s your right, so use it as you see fit, and appeal to my office if you are unhappy with the response you get.
"It’s heartening to see how much the FOI right is used, and how it helps people to raise important issues and achieve positive change, from campaigning on local issues to identifying how public funds have been spent, highlighting NHS waiting times or checking the safety of public buildings. It’s about what people want to know, not necessarily what authorities think they want or need to know."