People unaware of Scottish Freedom of Information Act

The Freedom of Information (Scotland) Act of 2002 creates a right of access to information held by Scottish public authorities, with a limited number of narrowly drawn exemptions to protect sensitive information. It follows the UK Freedom of Information Act, passed in 2000, major provisions of which also come into force on 1st January.

The Scottish FOI law should not be confused with the UK law for which Richard Thomas, the UK's Information Commissioner, carries responsibility. The Scottish FOI Act will only apply to the Scottish public authorities – and only those that have been devolved.

The UK and the Scottish FOI Acts are very similar. They both require public authorities to make information available proactively. They also provide for Publication Schemes, which will give details of the classes of information that an authority makes available and how they are accessible.

However, the Scottish Act potentially gives individuals access to more information. This is because, under the UK Act, a public body must show "prejudice" to justify a refusal to disclose information requested by an individual; under the Scottish Act, a public body must show "substantial prejudice."

But, according to research commissioned by Dunion, only 30% of the 1009 surveyed by research firm Progressive Partnership had definitely heard of the Scottish Act, while another 14% said that they thought they had.

When asked what rights the law would create, two thirds of respondents thought it would provide access to personal information about themselves (already available under the Data Protection Act). Only 32% correctly believed it would give them access to general information (such as financial information, statistical data and policy papers).

Twelve percent of respondents said they were very or quite likely to use the right to access information during the next year, while 79% agreed with the statement that "authorities will become more open and accountable" as a result of the Act.

The survey also found that 57% of respondents thought that members of the public would have more confidence in decisions made by public authorities as a result of the Act, but that 70% were concerned that public authorities would find ways around the law to avoid releasing information that they did not want to release.

"Our research shows that most people see freedom of information as being useful to them and good for society, but they are confused about what they can expect from the new legislation," said the Scottish Information Commissioner.

"People will only feel confident about requiring authorities to release information which should be public knowledge if they are sure about their new rights. My job is as much about promoting the new Freedom of Information Act as enforcing it, and I will be launching a major promotional campaign in January 2005 to ensure that public awareness improves."