The Freedom of Information (FOI) landscape in Scotland is at a crossroads. The Freedom of Information (Scotland) Act 2002 enacted twenty years ago put in place a commitment to transparency and accountability as a cornerstone of Scottish governance. However, the rise of the digital age and the evolution in public services delivery has led to calls for FOI legislation to be extended. What needs to be changed in FOI law and in best practices to ensure they remain robust and effective?
The Information Commissioner for Scotland has stated publicly that updating Scotland's Freedom of Information legislation should be a government priority. A number of issues have prompted calls for extended and strengthened legislation. These range from the use of informal messaging in public bodies and the retention of such data, through to the delivery of public services by private and third sector bodies not currently covered by FOI laws.
We live in an age where information is extremely valuable currency and digital change is accelerating. Can Scotland's current FOI legislation match fast-changing practices within our public bodies and across society? What fresh thinking is needed about best practice, skills and organisational culture on information among professionals in the Freedom of Information space?
The Scottish Government has proposed to address FOI matters without legislation, though this appears to have been postponed following the collapse of national care service proposals. Katy Clark MSP's Private Member's Bill has support to be introduced into parliament. It would extend FOI law to cover a range of new concerns – and it aims to include a much wider range of organisations not in the public sector which deliver services on behalf of the state. With time running out before the next set of Scottish Parliament elections in May next year, the question may be as to which approach will prevail in the new parliament.
This conference examines the journey of Freedom of Information in Scotland since its inception twenty years ago, current pressures and challenges for compliance, the themes and practices in need of reform, the impact of current demands and possible changes upon the role of Freedom of Information practitioners and other relevant staff in the field. It discusses the broader pressures and drivers of change for Freedom of Information scope and compliance requirements. It will focus on three themes:
Topics to be discussed
Who should attend
This conference is intended for all those working in the Freedom of Information, data protection/management and information governance fields and is intended for both organisations and individuals. It is relevant to all organisations subject to Freedom of Information law and is for FOI officers and compliance practitioners, data professionals, data protection officers and also for those in executive and non-executive roles with a responsibilty for legal compliance, reputation management, corporate accountability or strategic leadership.
Examples of the types of individuals and organisations who have previously attended include Service Managers, Information Governance, Compliance and Regulatory Managers, Legal Advisers and Solicitors, Policy and Public Affairs Managers, Case Investigators, Data Protection Officers and Case Investigators. These come from across local government, non-departmental public bodies, housing associations, further and higher education, the third sector and industry bodies.
09:25 Chair's opening remarks
Session 1: Freedom of Information in context – what is it for and what does it need now?
09:30 Keynote speaker
09:45 Question and answer session
09:55 Strengthening contemporary FOI and assuring 'fit for purpose'
10:10 The core drivers and purpose behind the FOI Reform (Scotland) Bill proposed by Katy Clark MSP
10:25 Question and answer session
10:40 Comfort break
Session 2: Freedom of Information – delivering best practice, improving compliance culture and skills and complying with the law
10:55 The good, the best and the bad in FOI practice
11:10 What the letter of the law requires – and beyond
11:25 Staff, skills and continuous professional development in FOI
11:40 Question and answer session
11:55 Comfort break
Session 3: FOI after the 2026 Scottish Parliament elections – anticipating what happens next
12:10 Implications of the digital age, AI and technology
12:25 FOI and the evolution of public services and service delivery
12:40 The challenges of multiple forms of social media, non-official channels and unintentional and deliberate evasion
12:55 Question and answer session
13:10 Chair's closing remarks
This conference takes place online.
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