A window of opportunity to update Scotland's FOI Act

17/07/2025 | The herald

In an op-ed for the Herald, Carole Ewart, the Director of the Campaign for Freedom of Information in Scotland, writes that Scotland has until March 2026 to update the Freedom of Information (Scotland) Act 2002 (FOI), in order to re-establish itself as a global leader in transparency. Despite previous government reluctance to address known failings of the Act, Labour MSP Katy Clark has introduced a Bill to close loopholes, remedy operational issues, empower FOI staff, and extend coverage to bodies delivering public services.

Although concise, the proposed Bill aims to strengthen the Scottish Information Commissioner's enforcement powers, including requiring the proactive publication of information. However, the Bill's passage remains challenging without the backing of the Scottish Government, particularly considering a recent vote went against extending FOI rights to private and third-sector care providers. Campaigners believe widespread public support is vital, citing polling that shows high public awareness, strong belief in the importance of transparency, and widespread support for legal reform.

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Scottish Parliament, scottish government

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