Created on: 23 Jan 2018 | Last modified: 22 Mar 2018
1.1 The following resolution was approved by the 2005 Annual General Meeting:
“This AGM instructs Council to draft and issue guidance to Local Associations on the use of the Freedom of Information (Scotland) Act 2002 and Environment Information (Scotland) Regulations 2004."
1.2 Both FOISA and EIR regulations came into effect from 1 January 2005. At a conference held in December, at which the Institute was represented, the Scottish Information Commissioner intimated that his office had received 490 FOISA appeals and 59 EIR appeals. Therefore, the legislation is having significant impact on the work of Scottish public authorities.
1.3 This advice provides an outline of both FOISA and EIR. Thereafter, the advice sets the legislation in the context of other avenues open to Local Associations to elicit information from Scottish public authorities and on the potential impact of requests made to Scottish public authorities. At this stage, it is clear that FOISA requests have raised issues for local authorities.
1.4 Finally, the advice recognises the potential for members to seek legal support on individual FOISA requests.
1.5 It should be noted that, at the time of preparing this advice, the Scottish Executive was undertaking a consultation on the operation of FOISA and that detailed guidance is awaited from the Executive on the operation of EIR.