Question ref. S5W-17127
Asked by: Ben Macpherson, Edinburgh Northern and Leith, Scottish National Party
Date lodged: 8 June 2018
Question
To ask the Scottish Government, further to the answer to question S5W-09168 by Joe Fitzpatrick on 22 May 2017, to what extent the Freedom of Information (Scotland) Act 2002 applies to private companies.
Current status: Answered by Joe FitzPatrick on 20 June 2018
Answer
As set out in my answer to S5W-09168, the Freedom of Information (Scotland) Act 2002 ('the Act') covers private companies if they are wholly-owned by a public authority listed in schedule 1 of the Act.
The Act can also be extended to organisations, including private companies, undertaking 'functions of a public nature'. Private companies brought within scope of the Act include private prison contractors and providers of secure accommodation for children. A draft order extending the Act to Registered Social Landlords is currently under consideration.