The Scottish Act 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.
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, not those which have not 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."
The Scottish Information Commissioner's post is a fixed term appointment of up to 5 years, attracting a salary of £70,000 to £80,000.
Kevin Dunion, whose appointment is yet to receive Royal Assent, said:
"I feel strongly about freedom of information and throughout my time [with Friends of the Earth Scotland] have actively promoted improved public access to information. I look forward to the opportunity of ensuring that the intention of Parliament is carried into effect by Scottish public bodies."
The Freedom of Information (Scotland) Act 2002 is available here