Public bodies "could do better" on FoI

Research finds evidence that information release is being carefully managed

News, 28 September 2007

Research published today (28 September) suggests that, while Scottish public authorities are complying with the Freedom of Information (FOI) Act on a practical level, there is evidence that some authorities have developed practices to "manage" the release of sensitive information.

The report, "The Freedom of Information (Scotland) Act 2002: New Modes of Information Management in Scottish Public Bodies?" was commissioned by the Scottish Information Commissioner and is published on the fifth annual International Right to Know Day.

The report found that 89% of authorities said that their organisations were now more transparent as a direct result of the legislation and 74% stated that records management had improved as a consequence.

A minority of authorities reported that the 20 working day response timescales in the Act had caused difficulties, with 30% stating that they had experienced problems in meeting these timescales. A further 25% said “abuses” of the Act were an issue, with its use by journalists singled out by several authorities as a cause for concern.

There was evidence of authorities developing practices to "manage" the release of sensitive information, with one authority reporting that it had used the FOI response timescale to delay the release of such information.

Kevin Dunion, the Scottish Information Commissioner, said: “I am pleased that [this research] shows authorities are working hard to meet their obligations. However, it also reveals that we need to open up debate about how we fully meet the stated aim of moving from a culture of secrecy to one of openness.

"Issues such as what records are created and maintained and the extent to which these are made public still need to be addressed."

The research concludes that strong leadership within authorities is vital if the spirit, as well as the letter, of the FOI Act is to be adhered to, and that authorities should do more to share best practice on FOI matters.

It also calls for the Scottish Information Commissioner to assist authorities further by more effectively distributing information to authorities on FOI learning points.

The full report is available from the Scottish Information Commissioner’s website: www.itspublicknowledge.info .