Chamber and committees

The Scottish Government endeavours to provide information in response to requests wherever possible. The provisions of section 29(1)(a) (formulation or development of government policy) or other exemptions under the Freedom of Information (Scotland) Act 2002 (FOISA) should only be applied in order to withhold information where necessary, in the public interest.

Anyone who has made a request for information has the right to ask the Scottish Government to carry out a review if they have concerns about the handling of their request. The Scottish Government has a statutory obligation to carry out such a review and provide a further response to the requester within 20 working days. The review will be carried out by a Scottish Government official who was not involved in the decision-making process for the original request, and who can therefore consider afresh any matters of concern raised by the requester - including whether exemptions from disclosure have been appropriately applied. Following the review, the requester has the right to apply to the Scottish Information Commissioner for a decision on their request, if they remain dissatisfied.

Outside of the statutory process for individual reviews described above, there is no requirement for the Scottish Government to proactively revisit FOI responses previously issued to see if the sensitivity of information has changed over time in a way which would mean exemptions no longer apply. As the Scottish Government responds to over 5,000 requests per year, it would be impractical to do so.

However, the Scottish Government is also committed to making information about all areas of its work proactively available, for example through its frequent planned publications on the Scottish Government website.