3 June 2025
Scottish Information Commissioner David Hamilton has expressed his support for a new Bill to reform Scotland’s freedom of information (FOI) law. The Bill, which was introduced to the Scottish Parliament on 2 June by Katy Clark MSP, contains several measures to refresh and update Scotland’s 20-year-old FOI law, including the removal of the First Minister’s power to overrule the Commissioner’s FOI appeal decisions and proposals to support the extension of FOI to third-party organisations that deliver public services.
Welcoming the FOI Reform Bill, Commissioner David Hamilton said:
“In the twenty years since it was introduced FOI has had a big impact, with more than 1.4 million FOI requests made to Scotland’s public bodies from people seeking all sorts of information.
“After twenty years though, it’s undoubtedly time for a refresh - not least because there have been massive changes in both the way we access information and the way public bodies deliver their services.
“We need to ensure that the information published by public bodies reflects our expectations in this digital age and it’s also an undisputed fact that FOI has failed to keep up with the way public services are being delivered. The extension of FOI rights to third-party organisations like care home providers, for example, is long overdue.”
“I’m also pleased that the Bill proposes the removal of the First Minister’s power to veto my decisions – a power which, incidentally, has never been used – and also seeks strengthen measures which prevent the deliberate destruction of information to avoid disclosure under FOI. Other proposals will help to improve FOI compliance within public bodies.”
“By taking action to protect and update FOI now, we can ensure that our vital right to hold public bodies to account remains fit-for-purpose for the future.”
The Commissioner is looking forward to opportunities to engage with the Scottish Parliament and discuss the Reform Bill as it progresses through Parliament in the coming months.
You can read the full text of Katy Clark’s FOI Reform Bill on the Scottish Parliament's website.
