Scotland’s push for better freedom of information laws has gained momentum in 2025, with new reforms and high profile scandals exposing government secrecy. Recent rebukes against the Scottish Government and NHS Fife highlight ongoing battles for transparency, as campaigners demand changes to outdated rules.
Recent Scandals Spark Calls for Change
The Scottish Information Commissioner has slammed major public bodies for failing to uphold freedom of information standards. In late 2025, NHS Fife faced a rare level four intervention due to serious and systemic issues in handling requests, especially those tied to the Sandie Peggie employment tribunal case.
This case involved allegations of mishandled information requests, leading to the resignation of NHS Fife’s chief executive. The commissioner described the board’s actions as petulant and non compliant, forcing them to reveal legal costs after repeated defiance.
The Scottish Government also drew fire for misrepresenting facts in a challenge over details from an investigation into former First Minister Nicola Sturgeon. Officials continue to fight the release in court, with a hearing set for January 2026, burning through public funds.
These incidents come amid broader concerns. Audit Scotland has repeatedly pointed out a lack of transparency in government operations, echoing criticisms from years past.
Public frustration has grown, with social media buzzing about secrecy in high profile cases like the Alex Salmond inquiry, where redactions and missing records fueled distrust.
Key Reforms on the Horizon
In June 2025, MSP Katy Clark introduced the Freedom of Information Reform Scotland Bill to update the 2002 Act. The bill aims to expand coverage, strengthen enforcement, and address modern challenges like digital data and AI.
Key proposals include:
- Extending FOI rules to more private contractors providing public services.
- Shortening response times to reduce delays.
- Harsher penalties for non compliance to deter stonewalling.
The bill is at stage one in the Scottish Parliament, with debates focusing on balancing transparency with privacy needs.
Campaigners argue the original law, enacted over two decades ago, fails to keep pace with today’s tech driven world. Back then, social media giants like Facebook were just emerging, and AI was not a factor in data handling.
Recent consultations suggest extending FOI to care homes and home care services, as the government seeks public views on these expansions.
Challenges in Implementation
Enforcing FOI laws remains a major hurdle. Many requests are denied on weak grounds, and appeals often drag on, costing taxpayers dearly.
For instance, the Scottish Government spent significant sums challenging commissioner orders, only to face court battles.
NHS Fife’s case revealed deeper issues, including potential breaches in multiple requests. The intervention requires the board to overhaul its processes, with monitoring until compliance improves.
Experts note that while hundreds of requests are fulfilled weekly, delays are common to avoid scrutiny during key events like elections or inquiries.
A table of recent FOI statistics in Scotland shows the scale:
| Year | Requests Received | Fully Disclosed | Partially Disclosed | Withheld |
|---|---|---|---|---|
| 2023 | 85,000 | 45% | 30% | 25% |
| 2024 | 92,000 | 42% | 28% | 30% |
| 2025 | 98,000 (est.) | 40% (proj.) | 27% (proj.) | 33% (proj.) |
These figures, based on official reports, indicate a rising trend in withholdings, linked to complex cases.
Public bodies often cite exemptions for commercial sensitivity or national security, but critics say these are overused to hide embarrassing details.
Broader Impacts on Democracy
Transparency issues undermine public trust in government. In Scotland, where devolved powers handle health and justice, secrecy can hide failures in critical areas like the NHS.
The Sandie Peggie tribunal exposed how withheld information delayed justice, leading to calls for resignation and reform.
Similar problems surfaced in the handling of pandemic related data, where delayed releases sparked outrage.
Campaigners, including journalists and advocacy groups, push for updates to cover emerging tech like AI driven data systems.
International comparisons show Scotland lagging behind nations with stronger FOI laws, such as those in the EU that mandate quicker responses.
As 2026 approaches, the reform bill could mark a turning point, but opposition from some quarters fears it might burden overstretched public services.
What’s Next for FOI in Scotland
The January 2026 court date for the Scottish Government’s appeal will test commitment to openness. If reforms pass, they could set a model for the UK.
Meanwhile, the Scottish Parliament’s research briefings highlight the need for cultural change within public authorities to embrace transparency.
Public inquiries into cost effectiveness, like those examined by the Finance and Public Administration Committee, recommend fixed budgets and timelines to prevent endless legal fights.
For now, the fight continues, with watchdogs like the Information Commissioner vowing stricter oversight.
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