Information tsar launches 230 inquiries into secrecy

SCOTLAND’S freedom of information tsar launched more than 200 investigations over the past year amid concern over a burgeoning secrecy culture.

Scottish Information Commissioner Daren Fitzhenry said public bodies stood accused of treating journalists ‘differently from other requesters, misuse of exemptions, and delays in disclosing information’.

The number of appeals to the commissioner after public bodies rejected requests rose from 425 in 2016-17 to 507 in 2017-18, an increase of 19 per cent.

A total of 34 per cent were made because information was allegedly withheld, while in other cases organisations claimed they did not hold the data.

In Mr Fitzhenry’s first annual report, published today, he reveals his office ‘intervened directly with public authorities to resolve identified problems and improve their FOI [freedom of information] performance’ more than 200 times.

He said: ‘This year saw us conducting over 230 interventions, and a level 3 [one of the most serious] intervention which is looking at the Scottish Government’s FOI performance.’

Mr Fitzhenry noted that in June 2017, ‘following an open letter from a group of journalists, we saw an unprecedented motion passed in the Scottish parliament, condemning the Scottish Government’s poor performance in responding to FOI requests’.

In addition to interventions, the commissioner deals with appeals from people whose requests for information have been rejected by public bodies. Mr Fitzhenry said that of the appeals lodged with his office, he had ruled in favour of the person requesting the information 90 times in 201718, and for the authority involved 71 times, while in 44 cases a request for information was partially granted.

Mr Fitzhenry said his ‘intervention into Scottish Government FOI performance was our largest and most complex yet’. The resulting report concluded ministers and special advisers (Spads) had regularly tried to influence the release of information they did not want in the public domain.

The Scottish Daily Mail launched its Secret Scotland campaign exposing a culture of secrecy in public bodies and authorities after it was revealed that Spads are playing an increasing role. The First Minister’s ‘spin team’ grew from ten in June 2016 to 14 last November.

A Scottish Government spokesman said: ‘We accepted in full the comprehensive and constructive recommendations put forward in the commissioner’s report.’