Ministers failed journalists under freedom of information law: commissioner
The Scottish Government has been infringing an important principle of freedom of information law by applying different treatment to requests from journalists, MSPs and researchers compared with others, Scotland's Information Commissioner has found.
In a report published following an assessment of the Government's FOI practice and performance, the Commissioner, Daren Fitzhenry, states that the practice of referring requests to ministers for clearance simply because they come from journalists, MSPs and researchers was inconsistent with the "applicant-blind" principle behind the legislation. "Their requests are almost invariably subjected to an additional layer of clearance which is likely to delay the consideration of the case", the report states.
He also concludes that the Government has been taking longer to respond to journalists' FOI requests than other requests, though in only one case was there evidence that delay was deliberate; and that Government FOI policies and procedures are not clear enough about the role of special advisers in responding to FOI requests. On the other hand he uncovered evidence that journalists have been "significantly less likely to receive information", as well as of "unjustifiable, significant delays and disregard for the statutory timescales".
Mr Fitzhenry reports that the Scottish Government's FOI practice has "improved significantly" over the last year, following his office's first intervention, with average response times to all requests having reduced, but makes seven recommendations for further specific improvements, covering clearance procedures, quality assurance of FOI responses, training, case handling and case records management, monitoring FOI requests, and review procedures.
Ministers say they have accepted the recommendations in full. The Commissioner has required them to produce a draft action plan for his approval by 13 September 2018.