Freedom of Information: a tool for campaigning
Freedom of Information: something that many of us have heard of but might not be familiar with its power. Do you want to find out what your council tax is going towards? You can use Freedom of Information (FOI) to find out. Do you want to find out why the Scottish Government made a particular decision? You can use Freedom of Information (FOI) to find out.
Since FOI legislation came into force in England and Wales and Scotland in 2005, the respective laws have been used to uncover corruption, misuse of funds and data, and much more, by journalists and campaign groups. For example, in 2015, Reprieve found out via an FOI request that British pilots carried out air strikes in Syria, despite the House of Commons voting against the UK taking part in military action in the country. In 2009, the British Union for the Abolition of Vivisection (BUAV), now Cruelty Free International, took five UK universities to the UK Information Commissioner for not releasing information about the use of non-human primates in research, with the Commissioner ruling in favour of BUAV and ordering the universities to disclose the information.
How to Make an FOI request
Requesting information is very easy. According to the Freedom of Information (Scotland) Act 2002, a request should be in the form of an “email, letter or is in writing or in another form which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape).” According to the Scottish Information Commissioner, there is no requirement to mention FOI (although you can), and you do not have to say why you want the information. You can even ask for information if you are from outside of Scotland.
So where can you get information from? FOI covers all public bodies, including The Scottish Government, Local Councils, The NHS, and the Police Service. The Scottish Information Commissioner has published a list of public authorities and their details, to make requesting information even easier.
Most requests should be free of charge, but sometimes, authorities may charge a fee, which should be small. Although there is a presumption in favour of information being released, public bodies may refuse a request, due to the exemptions within FoISA. Additionally, FoISA contains a duty to proactively publish information. If the authority has already published the information that you are seeking, they should direct you to where it is available.
You should receive the information you have requested within 20 days. However, if the public body asks you for clarification, the clock gets reset to day 1 when you respond. If you do not receive a response within the 20 day limit, or you are not satisfied with the response you receive, you can take action. Take a look at the Scottish Information Commissioner’s website to find out more.
FOI Reform
In the 21 years since the Freedom of Information (Scotland) Act 2002 (FoISA) became operational, there has been both progress and challenges in exercising the enforceable right to information. As such, legislative reform is needed to close the loopholes in Scotland’s FOI legislation. Katy Clark MSP’s Freedom of Information Reform (Scotland) Bill, introduced in June 2025, attempts to close these gaps.
The general principles of the Bill are as follows:
Improving transparency through legislative reform.
Strengthening the right to information by explicitly stating requestors should receive the requested information unless subject to an absolute exemption.
Introducing a new mechanism to add bodies for designation under FoISA.
Requiring pro-active publication of information through a new enforceable duty, defined in a Code of Practice which will be subject to consultation.
Improving compliance with FoISA by requiring an FoI officer to be designated in each public authority.
Strengthening enforcement powers of the Scottish Information Commissioner.
MSPs voted in favour of the general principles in February but, due to an amendment, the Bill will be carried over to the next session of Parliament.
Strengthening freedom of information laws benefits all of us. Giving people a robust right to access information allows us to participate in democracy. MSPs must prioritise and support the Freedom of Information Reform (Scotland) Bill in the next Parliamentary session, in order to allow members of the public, journalists, and campaigners to exercise their right to know.
FOI can be an especially helpful tool when carrying out animal advocacy. As animals can not speak and tell us about the issues that they are facing, we can use FOI to find out and expose the abuses and inhumane treatment that they are subjected to. Next time you embark on a new campaign, try using FOI to inform your actions!