Public authorities are failing in their statutory duty to tell voluntary organisations and campaign groups of their right to appeal a refusal of a freedom of information request.
A new study by researchers at the University of Strathclyde found that 55 per cent of those who had a request refused were not told of their right to appeal the decision. And 26 per cent who did appeal were not told of their subsequent right of appeal to the Scottish Information Commissioner.
The study was commissioned to mark the 5th anniversary of Scotland’s freedom of information (FOI) laws.
It found that nearly half of those working in the voluntary sector were wary of making FOI requests fearing it would harm relations with public authorities, or may even lead to a loss in funding.
Scottish Information Commissioner Kevin Dunion said: “The good news is that Scotland has become more open in the five years since freedom of information was introduced, with Scotland’s public authorities disclosing more information than ever before. The bad news is that when authorities refuse to give out information, they often still fail in their legal duty to inform people of their right of appeal.
“The appeal provisions are an essential part of our FOI laws and they are effective: more than half of my rulings overturn an authority’s decision in some way. While I am reassured that most FOI requests are answered in full first time, it is extremely important that public authorities tell people of their right to challenge any refusal to provide information. Keeping the public in the dark about their rights runs contrary to the freedom of information legislation.”
The research was undertaken by the University of Strathclyde as part of an ongoing three-year study into the use of FOI laws by the voluntary sector. A total of 51 per cent of respondents stated that they had made an information request and 67 per cent of those received all the information at the first time of asking.
Dunion added: “I am concerned that a substantial proportion of voluntary sector staff think that using their freedom of information rights will harm relations with public authorities, or may even lead to a loss in funding. In passing the FOI Act, the Scottish Parliament’s intention was to transform the culture within Scottish public authorities, making them more open and accountable to everyone, regardless of where they are from, or who they represent. No-one should fear the consequences of making an FOI request.”
The Freedom of Information (Scotland) Act 2002 (which came into force on 1 January 2005) provides individuals and organisations with a right to receive the information held by over 10,000 public authorities in Scotland. The Act applies to the Scottish Parliament, the Scottish Government and the NHS in Scotland, as well as police forces, local authorities and universities.
