Commissioner David Hamilton reflects on the 2026 International Conference of Information Commissioners
3 November 2026
These are interesting times for those of us working in freedom of information (FOI), with a number of new issues, challenges and opportunities to be navigated and explored. From increasing numbers of requests and appeals to public sector reform; from the growing risks of mis- and disinformation to the rising impact of artificial intelligence (AI) on request-handling, we have some intriguing and thought-provoking issues to address.
We are not, however, alone in this. Attending last month’s International Conference of Information Commissioners (ICIC) in Freetown, Sierra Leone, it was clear that the issues faced by Scotland are global, with Commissioners around the world sharing similar stories – and, in many cases, sharing details of solutions that are being put in place.
A key theme of the 2026 ICIC was the role that access to information can play in supporting ‘information integrity’ – that is, ensuring that public information is accurate and reliable to help tackle the harmful effects on society of mis- and disinformation. Throughout the conference delegates reflected on the key role that proactive publication and timely responses to information requests play in reducing these risks.
The availability of accurate and trustworthy information was rightly recognised as a vital tool in countering disinformation. For information to be meaningful, however, the public need to be able to access it early - at the point where it will have the most value in informing public debate. Failing to do so simply creates spaces where bad actors, if inclined, can step in. On this note, my staff recently took part in a free webinar which highlighted the importance of issuing prompt and timely responses to information requests.
While responding promptly is important, the optimal solution will, in most cases, be for information to be proactively published. This ensures that reliable information is directly accessible at the point at which it is most needed. It is not enough to just publish information, however – information must be made available in a way which is clear, findable, and understandable if it is to be of most value.
Colleagues from Brazil highlighted work they have been doing in this area, reporting on the development of an innovative new platform, Informa Brazil. This public resource uses AI tools to create a single space through which data published across a range of government services is brought together to be access, compared and explored. We plan to meet with their Brazilian counterparts shortly to find out more about this work and consider lessons that may be learned for Scotland. Likewise, it was reported that Taiwan has recently published more than 5,000 datasets in a comparable, machine-readable format, supporting access and interpretation using AI tools.
Elsewhere, the work done by Scottish public bodies to support the proactive publication of FOI data through our statistics portal was recognised as a model of good practice. Colleagues from British Columbia and the UK ICO are taking steps to pilot their own versions of this hugely valuable resource, while we have offered support and advice to colleagues from other territories, including Ghana and Liberia.
The impact of AI on request-handling was, unsurprisingly, threaded throughout discussions. Both the challenges that can arise from some AI-supported requests and the opportunities for AI to support responses featuring heavily. Many organisations have developed or are developing new guidance in this area – indeed, additional guidance from our own office is due to be published later this month.
This is also an area which is subject to ongoing research, with the University of Florida’s David Cuillier highlighting work with the UK’s Birkbeck University to explore whether different ‘journeys’ arise when similar requests are made with and without the support of AI. This will clearly be an interesting one to track, so watch this space…
It was reported that there are now 142 countries around the world with FOI laws in place, up from just 50 in 2002, when Scotland’s own law was passed. The spread of FOI demonstrates the growing international recognition of the links between openness, transparency and good governance, along with the role of access to information in supporting democratic engagement.
A study presented by the international Centre for Law and Democracy, however, found that compliance with FOI laws around the world can be variable. Researchers sent two identical FOI requests to 120 governments around the world, with only 38% leading to the disclosure of information, and more than a third – 36% - resulting in a failure to respond. While there has undoubtedly been significant progress, then, there is clearly much work still to be done.
The conference also noted that, while some countries were seeing moves to develop and strengthen FOI rights, others faced fresh challenges. In South Africa, for example, the Information Commissioner has put forward new measures to strengthen enforcement, while Malawi is considering proposals to extend FOI to private bodies that deliver public services. Meanwhile, Morocco and the Philippines are moving towards introducing access to information laws of their own.
Other jurisdictions, however, face threats. In Germany, proposals have been put forward which, if enacted, would substantially curtail access to information rights, while an amendment has been proposed in Canada which would significantly restrict the information covered by FOI law. India is also experiencing serious challenges, including measures to reduce the independence of Information Commissions and failures to appoint new Commissioners, which has led to significant backlogs. FOI-users have also faced hostility, legal action and, in some cases, have even lost their lives. Needless to say, regulators, civil society and others are actively working to counter these emerging threats.
Here in Scotland, we are, fortunately, on a different path. We currently await the outcome of the Scottish Government’s consultation to extend FOI rights to providers of care services, and Katy Clark MSP has indicated that her Private Member’s Bill to Reform FOI will shortly be reintroduced to Parliament. Public awareness of FOI in Scotland reached its highest ever level this year - at 93% - while polling also regularly shows very strong public support for FOI principles. And despite the challenges, public bodies continue to respond well to their FOI duties, responding to the overwhelming majority of requests on time, providing some or all of the information requested.
FOI in Scotland, therefore, remains in relatively good health, but it is vitally important that each of us involved in FOI continues to work collectively if we are to ensure it stays that way.
David Hamilton
Scottish Information Commissioner
