Freedom of Information law in Scotland could be about to change. In June 2025, a Member’s Bill called the Freedom of Information Reform (Scotland) Bill was introduced to the Scottish Parliament.
A public consultation on the Bill opened on 19 September 2025 and will close on 22 October 2025. Until then, nothing is confirmed. The proposals may change during the scrutiny process, or the Bill may not progress at all.
What is clear is that the Bill aims to update the Freedom of Information (Scotland) Act 2002, which has been in force for more than twenty years. If passed, it would affect how public authorities and some other organisations delivering public services handle requests for information.
This article sets out what the Bill proposes, who could be affected, and what these changes might mean for you.
Key Changes in the Reformed FOISA Bill
The Freedom of Information Reform (Scotland) Bill sets out several changes to the way the current law works. These are still proposals. They may be amended during consultation or removed before the Bill comes back to Parliament.
Extending FOISA coverage
- The power to decide which organisations are covered will move from Scottish Ministers to the Scottish Parliament.
- Organisations that ‘appear to deliver’ a public function may be designated. This could include contractors, arms-length bodies, and some charities.
- In some cases, coverage may be limited. Only the part of an organisation’s work that relates to delivering a public function would be in scope.
- This could make it harder to separate which records are subject to Freedom of Information and which are not.
Changes to timescales for FOI requests
- At present, public bodies must reply within 20 working days. If they ask for clarification, the clock resets on receipt of a response to the clarification request.
- The Bill proposes that the clock would pause while waiting for clarification, then continue once the request is clear.
- This aims to reduce delays where authorities seek clarification late in the process.
Proactive publication
- Current publication schemes would be replaced.
- A new legal duty would require organisations to publish information proactively.
- The Scottish Information Commissioner would issue a Publication Code. This would set standards for accessibility, searchability, and regular updates.
A potential new role: Freedom of Information Officer
- Each authority would have to appoint a named Freedom of Information Officer.
- The role is intended to provide expertise, oversee compliance, and advise on decisions.
- It mirrors the model of the Data Protection Officer, though the responsibilities are different.
Enforcement and offences
- The Bill proposes stronger powers for the Scottish Information Commissioner.
- The First Minister’s power to veto disclosure would be removed.
- A new criminal offence would apply where records are destroyed or altered to prevent disclosure.
- Time limits for prosecution of offences would be extended.
What This Means for Organisations if the Bill is Passed
Although the Bill is still under consultation, the proposed changes raise important points for organisations to consider.
Public authorities
If you are already covered by FOISA, you may need to change how you work.
- You will need to review how you handle clarifications, since the response clock would pause rather than restart.
- You may have to adapt your systems for proactive publication. Information will need to be easy to find, searchable, and updated regularly.
- A new Freedom of Information Officer role would need to be created. This could require training, resourcing, and senior management support.
Contractors and third sector bodies
If you provide public services under contract, you may be brought into scope for the first time.
- Coverage may be full or limited only to the parts of your work that relate to delivering the service.
- You would need to identify which records fall under FOISA and prepare to handle requests.
- Being designated as a public authority could also trigger new or additional responsibilities under Environmental Information Regulations and data protection law.
Governance and compliance
- The Scottish Information Commissioner would gain stronger powers. Organisations could face closer scrutiny if compliance is weak.
- New criminal offences for altering or destroying records underline the importance of strong records management.
- Senior leaders will need to treat Freedom of Information as a governance issue, not just an operational one.
These proposals may not all become law. However, they signal the direction of debate in Scotland. Even at this early stage, it makes sense for organisations to think about how they would meet these expectations.
Timeline and Uncertainty
The Freedom of Information Reform (Scotland) Bill is at an early stage. It was introduced to the Scottish Parliament in June 2025 as a Member’s Bill.
A public consultation opened on 19 September 2025 and will close on 22 October 2025. During this period, individuals and organisations can give their views on the proposals. The Bill will then be examined by a parliamentary committee before it moves forward.
Because this is a Member’s Bill, its progress is less certain than if it had been introduced by the Scottish Government. Some provisions may change as a result of consultation and scrutiny, and others may not survive at all.
For now, organisations should be aware of what is being proposed, but also recognise that no changes are guaranteed.
Practical Steps to Get Ready
While the Bill is still being considered, you do not need to make changes. It is, however, useful to start thinking about how the proposals could affect your organisation.
Questions to consider
- If your organisation delivers public services under contract, could you be designated as a public authority?
- Do your current systems allow you to identify which records relate to public functions?
- How do you manage proactive publication today, and how easy is it for the public to find and use information you publish?
- If a Freedom of Information Officer role were required, who might take on that responsibility, and what support would they need?
- Are your records management practices strong enough to protect against risks such as accidental alteration or loss of information?
By reflecting on these points now, you will be better placed to respond to the consultation and to prepare if the Bill becomes law.
How Tkm & Associates Can Help
At Tkm & Associates, we support organisations with Freedom of Information, data protection, and information governance. Our work is designed to help you understand your duties, build strong processes, and train your staff.
The Freedom of Information Reform (Scotland) Bill is still at the proposal stage. Nothing is confirmed. What we can do now is help you:
- Understand the content of the Bill and how it could affect your organisation.
- Take part in the consultation with informed views.
- Review your current approach to Freedom of Information and identify areas where future changes might have an impact.
If the Bill progresses, we will provide updates and tailored support, from training on proactive publication to guidance on the new FOI Officer role.
Stay Informed
The Freedom of Information Reform (Scotland) Bill could bring important changes, but it is still under consultation and may be amended before it moves further through Parliament. Also, as a Member’s Bill, it will receive limited time in Parliament and most such Bills do not become law.
For now, the best step you can take is to stay informed. Follow the consultation process, consider how the proposals might affect your organisation, and be ready to adapt if the Bill becomes law.
We will continue to monitor developments and share updates as the situation evolves.
