Scottish Information Commissioner's annual report flags up challenges ahead
Big changes in the way freedom of information (FOI) operates in Scotland are predicted in the annual report of the Scottish Information Commissioner for 2016-17, published today.
They result from, first, the European Union General Data Protection Regulation (GDPR), which comes into force in May 2018, and secondly the judgment of the European Court of Human Rights in Magyar Helsinki Bizottsag v Hungary.
The GDPR will change the way personal data are processed, and also have a wider impact on the relationship between FOI and data protection; while the court decision introduces a two tier system of FOI – one for social watchdogs, journalists and academics and one for members of the public.
The report states: "Both will mean big changes for the way FOI operates in Scotland. The effects are currently uncertain, but requesters and public authorities will be looking to the Commissioner’s office, as the regulator of FOI in Scotland, to lead the way and to give clear guidance."
Over the period covered by the report, the Commissioner states that despite a reduction in the number of investigators, her office found and implemented new ways to enforce and promote FOI, meeting or exceeding 10 out of 12 of its investigation performance targets. But there were also 21% fewer appeals, at 425 (304 of which were valid appeals), with a decline particularly from prisoners and from the media. The figure represents 0.6% of the 74,213 FOI requests made.
The office issued its first ever enforcement notices, all relating to a failure to comply with the publication scheme duty. Four were against publicly owned companies, and two against schools that were made subject to FOI legislation in September 2016. Fifteen interventions were also carried out with authorities to address practice concerns.
An online appeal service was launched, making it possible for requesters to make appeals, and receive real-time help and advice, at any time of day.
The office also passed the 20,000 mark for numbers of enquiries dealt with since 2005.
Public awareness of FOI remained at its highest ever level, at 85%.
The report is introduced by Margaret Keyse, acting Commissioner after Rosemary Agnew left office at the end of April. Her successor, Daren Fitzhenry, takes up post on 16 October.