Access to information rights consultation: response

Scottish Government response to the analysis of responses our consultation on Access to Information Rights in Scotland. We sought views on the operation of the access to information rights regime following post-legislative scrutiny of the Freedom of Information (Scotland) Act 2002.

6. Conclusion

102. The Scottish Government considers that this consultation to seek further views on the outcomes of post-legislative scrutiny of FOISA has been a valuable exercise to identify opportunities to improve the operation of access to information rights in Scotland within the primary legislative framework provided by the Freedom of Information (Scotland) Act 2002 and Environmental Information (Scotland) Regulations 2004.

103. The Scottish Government commits to:

  • Develop and set out a clearer, more structured and consistent approach to the future use of the section 5 power.
  • Consult on extension of FOISA to private and third sector providers of care home and 'care at home' services, following passage of the National Care Service Bill.
  • Undertake a comprehensive review of Schedule 1 of FOISA, using the section 4 power to make appropriate updates to entities listed
  • Identify and consider the FOISA status of companies wholly-owned by a combination of the Scottish Ministers and other Scottish public authorities.
  • In consultation with the Scottish Information Commissioner - revise the section 60 Code of Practice to provide updated guidance for Scottish public authorities about:
    • Handling of requests about services delivered by outsourcing partners
    • Use of non-corporate platforms, and other developments in IT
    • Seeking clarification
    • Making the relationship between FOISA and the EIRs clearer for requesters

104. The Scottish Government considers that the access to information rights regime remains robust in its fundamentals, and therefore is not persuaded that it is necessary to make changes to primary legislation in the current Parliament. Nevertheless, the Scottish Government remains open to making modifications to develop and strengthen the regime in the future.



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