On 2 June 2025, Katy Clark MSP introduced the Freedom of Information Reform (Scotland) Bill. The Bill proposes to reform the current freedom of information regime in Scotland under The Freedom of Information (Scotland) Act 2002, which allows people to request information from public bodies.
The Bill follows on from a consultation in 2022 discussed in our previous insight blog on how the freedom of information system in Scotland could be improved, and is guided in part by recommendations from the Scottish Information Commissioner.
In general, the Bill seeks to expand the remit of the FOI regime contained in FOISA, and some of the key provisions which it seeks to insert into FOISA are set out below.
Section 1
Section 1 of the Bill would introduce a presumption for public authorities in favour of disclosing information in response to an information request unless disclosure is prohibited by an absolute exemption.
Section 7
Section 7 relates to the time public authorities have to comply with their responsibilities to provide information under FOISA, and specifically provides that:
- Public authorities must comply promptly with requests for information and in any case not later than the 20th working day after the receipt of the request;
- The timeline for compliance does not restart when a public authority requests further information from the requester which they deem necessary to respond to a request. Although, the deadline of 20 working days is extended by however long the period is between the public authority requesting additional information and the requester providing the information.
Section 7 would also repeal the Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016, removing the rules which extend the deadline for compliance with FOI requests to 60 days for grant-aided and independent special schools.
Section 15
Section 15 would insert section 60A and 60B into FOISA. Section 60A would impose a ‘’proactive publication duty’’ on public authorities, which means the public authority must take reasonable steps to:
- Organise and keep up to date the information, relevant to its functions, which it holds; and
- Make that information available to the public in an accessible form and manner.
In complying with the ‘’proactive publication duty’’, public authorities must comply with any code of practice issued by the Scottish Information Commissioner.
Section 60B would give the Scottish Information Commissioner the power to issue the code of practice, which must specify:
- Information which a public authority must publish in the public interest;
- How that information should be made available and searchable; and
- How long that information should be available for.
Section 16
Section 16 would place a duty on Scottish public authorities to designate a freedom of information officer. The freedom of information officer’s role would be:
- To ensure members of the public authorities are aware of their obligations under the FOI regime; and
- To provide advice and assistance on compliance with FOI law, any code of practice issued by the Scottish Information Commissioner and any policy adopted by the authority in relation to FOI matters.
When choosing an FOI officer, the public authority would be required to have regard to the proposed officer’s expert knowledge of FOI law and overall ability to fulfil the intended functions of the FOI officer.
The public authority would also have to ensure that the FOI officer is involved, properly and in a timely manner, in all matters relating to requesting information, and provide them with the necessary resources to enable them to carry out their role while reporting to the highest management level of the public authority.
Next steps
The Bill is currently at Stage 1 and has been referred to the Standards, Procedures and Public Appointments Committee to consider and report on its general principles. The Committee has issued a call for views to help with its scrutiny of the Bill, which closed on 22 October 2025. The Committee will then issue a report in due course before the Scottish Parliament debates on the general principles of the Bill.
Scottish public authorities should keep up to date with the progress of the Bill, and the potential changes to the FOI regime in Scotland. In particular, public authorities should keep an eye on the potential changes to the timescales for responding to FOI requests and the proposal for a duty to have a FOI officer as these proposed changes could have practical impacts on a public authority’s delivery of FOI services.
If you would like to discuss how the Freedom of Information Reform (Scotland) Bill may affect you or your public authority, please contact Lauren Hazel Smith, Jamie Dunne or your usual Brodies contact.
