Use of third party file portals and future accessibility of Freedom of Information rights queries: FOI release

Information requested

1. Has the Scottish Government issued any guidance on the use of third-party portals to issue FOI responses?

2. Is there any national policy position on whether public bodies should continue to accept FOI requests by email?

3. Has any cross-government coordination taken place on consolidating or standardising FOI response infrastructure, to prevent the emergence of a multi-portal system that disproportionately disadvantages requesters?

Response

In relation to question 1, the Scottish Government does not have any information relevant to this question. This is because the Scottish Government has not issued any guidance on the use of thirdparty portals to issue FOI responses. The only guidance issued by the Scottish Government to Scottish public authorities regarding compliance with FOI obligations are the statutory codes of practice issued under sections 60 and 61 of the Freedom of Information (Scotland) Act 2002:

FOI/EIR: section 60 code of practice - gov.scot
Section 61 code of practice on records management - gov.scot

Part 2, section 9 of the section 60 code sets out detailed guidance for authorities about responding to requests. However, the guidance does not make any direct reference to the use of third-party portals to issue responses. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

The answer to question 2 is yes. The section 60 code of practice sets out that guidance for the public on how to make an information request should include ‘an address (including an email address where possible) to which applicants may direct their requests for information or ask for assistance’ (see Part 2, section 4.1.2). Furthermore, the Code sets out that, 'An authority may designate a central contact point for applicants to make requests for information but must recognise that a request received by any individual staff member is, in terms of the legislation, received by the authority.' (see Part 2, section 4.1.4).

The Scottish Information Commissioner’s guidance both to Scottish public authorities and to requesters is also clear that requests may be submitted by email:

How do I ask for information? | Scottish Information Commissioner
Responding to requests | Scottish Information Commissioner

In relation to question 3, the Scottish Government does not have any information relevant to this question. This is because the Scottish Government has not undertaken any coordination across government or the wider public sector in Scotland on consolidating or standardising FOI response infrastructure, to prevent the emergence of a multi-portal system that disproportionately disadvantages requesters. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Additional comment

It may be helpful if I provide a little further comment, in addition to our formal response to your questions under FOISA. In your email of 24 July, you have made reference to the use of ‘Objective Connect’ to issue FOI responses. The Scottish Government does not normally use Objective Connect for the purpose of issuing FOI responses. Most Scottish Government FOI responses are emailed to requesters from our case management system, MiCase. Objective Connect (sometimes referred to as eRDM connect) is a collaboration tool allowing Scottish Government business areas to share information collaboratively and securely with external stakeholders. Objective Connect is occasionally used for the purpose of providing information to members of the public in response to information requests where the combined file size of the information to be released is too large to be issued in the usual way.

If you have concerns about the approach being taken by any particular Scottish public authority to the discharge of its obligations under FOISA you should raise those concerns with that authority in the first instance or with the Scottish Information Commissioner as the independent regulator. The Scottish Government does not direct other Scottish public authorities on the detail of their arrangements for responding to information requests, beyond the general guidance provided in the section 60 code.

However, as mentioned in my previous letter to you on 9 July, the Scottish Government is currently in the process of revising the section 60 code, in consultation with the Commissioner. Therefore, we are interested to hear your feedback on your own experience of seeking information from various Scottish public authorities. If you would like to provide us with further detail regarding the issues you have experienced with the way some authorities use third-party portals, we will be happy to take your experience into consideration as we revise the Code.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.