Social care service providers should proactively publish information as bill to update FOI law set to extend scope of regime

Holmes Mackillop Solicitors has advised social care service providers to proactively publish information as Katy Clark MSP’s Freedom of Information Reform (Scotland) Bill seeks to update FOI law and extend the scope of the regime.

The bill aims to fix a legal loophole in the 20-year-old FOI regime by strengthening the enforcement powers of the Scottish Information Commissioner and requiring the appointment of an FOI officer.

Holmes Mackillop director and Head of Corporate Ralph Riddiough said that the bill is likely to extend the reach of the FOI regime to social care service providers and impose greater responsibilities in terms of the proactive publication of information.

“The Scottish Government’s acceptance that the extension of information rights to private and third sector social care service providers is consistent with the ethos of the legislation is to be welcomed,” he said.

“While social care services are often stretched, and new administrative burdens come at a cost, responding to FOI requests requires appropriate record keeping and searching procedures to be established.

“Publication schemes are a barometer of the culture of an organisation and of the robustness of its information governance processes and protocols. As such, care service providers should take steps to establish publication schemes so that certain information is routinely published.”

ENDS

For further information please contact on Ralph Riddiough on tel 0141 226 4942

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