Campaign comments on Scottish Government's revised FOI good practice code

The Campaign for Freedom of Information has responded to the Scottish Government's consultation on revising its code of good practice under the FOI (Scotland) Act. The response expresses concern that the draft code's approach to requests which are phrased in terms of 'documents' rather than 'information' is restrictive and undermines the Scottish Information Commissioner's guidance on this issue. It suggests that the guidance on the provision of advice and assistance could be strengthened; that the loss of specific Scottish Government guidance on the EIRs may have unintended consequences; that the draft may lead to confusion between the FOISA exemptions on breach of confidence and substantial prejudice to commercial interests. It also says authorities should not be entitled to ignore a request for internal review which has not be made to a designated person.

The Campaign's response is here and the Scottish Government's consultation here. The Scottish Information Commissioner's guidance on the validity of requests following the Court of Session Opinion of 30 September 2009 is here.