Efforts are underway to address long-standing delays in accessing personal information from local authorities across Scotland, with Glasgow City Council and City of Edinburgh Council facing formal reprimands for failing to meet legal deadlines for subject access requests (SARs).
Local Authorities Under Scrutiny for Failing SAR Compliance
Authorities across Scotland have come under pressure to improve their handling of SARs after an increase in requests, particularly from individuals applying for redress through the Redress Scotland scheme. Under data protection law, people can request copies of personal information held by organizations, with a legal expectation of receiving a response within a month unless an extension applies.
Glasgow City Council and City of Edinburgh Council, however, repeatedly failed to meet this deadline, creating a significant backlog. The delays have had real-world consequences, particularly for those seeking historical care records to support redress claims.
Significant Delays Impacting Vulnerable Individuals
People who suffered abuse while in care, as well as others with care experience, have been left waiting for critical documents. The failure of councils to comply with SAR requirements has added to their distress. Jenny Brotchie, Acting Head of Scottish Affairs, emphasized the severity of the situation:
“Those who were let down in the past are being let down again, this time by poor SAR compliance. Local authorities must get this right despite rising numbers of requests.”
Authorities have acknowledged the increase in SARs and the strain on resources, but the expectation remains that they must process requests efficiently and transparently.
Improvement Seen Across Scotland, But Not Everywhere
Following scrutiny and intervention, 75% of Scotland’s local authorities have improved their compliance, with 13 councils achieving a 90% compliance rate in 2023/24. Despite an overall 67% rise in SARs between 2021 and 2024, most councils have significantly reduced their backlog.
A breakdown of SAR compliance improvements across Scotland:
| Year | SAR Increase (%) | Compliance Rate (%) |
|---|---|---|
| 2021 | Base Year | N/A |
| 2022 | +30% | 60% |
| 2023 | +50% | 75% |
| 2024 | +67% | 75% |
While the majority of councils have made progress, Glasgow and Edinburgh remain outliers. Investigations into these two councils were launched after a year of monitoring failed to yield tangible improvements.
Glasgow and Edinburgh Councils Under Investigation
A compulsory audit of Glasgow City Council found that while policies and procedures were in place to handle SARs, limited resources and budget constraints continued to be a roadblock. Despite acknowledging the issue, the council has struggled to meet deadlines.
City of Edinburgh Council, following its reprimand, has reported some progress in its response times, but it remains under close monitoring.
Jenny Brotchie noted that while improvements were encouraging, compliance across Scotland still requires further work. She reiterated the need for local authorities to ensure sufficient resources are allocated to processing SARs.
“We expect all local authorities to have sufficient resources in place to handle the volume and complexity of SARs, and to keep people updated on the progress of their request.”
Looking Ahead: Continued Monitoring and Support
Authorities have committed to working closely with local councils to drive further improvements. There is also a focus on improving support for individuals who grew up in care and now seek access to their records.
Evidence is being gathered on the challenges people face when requesting care records, with plans to share findings and next steps in the coming months.
Enforcement actions remain a possibility for councils that fail to improve, with officials emphasizing that they will not hesitate to take further steps where necessary.
