The right to ask for information

In principle anyone who asks for information will be entitled to receive it, [1] however there are a number of circumstances in which the information may not be given.

The legislation specifies which bodies are deemed to be public authorities. The bodies that may be relevant in a housing context include:

• Scottish Ministers

• Scottish Parliament

• local authorities

• rent officers

• social work inspectors

• Crofters Commission

• Communities Scotland. [2]

The Scottish Information Commissioner's website has a list of all the public authorities covered by the Act.

Registered social landlords are not currently included as public authorities, although there is provision within the legislation for bodies to be added to the list of public authorities. [3]

Information is defined as any information that is recorded in any form. [4] Examples of information requested under the Freedom of Information (Scotland) Act 2002 include:

• statistics on housing applications from a local authority database

• local authorities' policies

• information regarding local authority rent increases.

A public authority must have a publication scheme that specifies what information that public authority publishes or intends to publish. It must state whether or not it intends to charge for the information and how the information will be available, for example, hardcopy, electronic, for inspection only. [5]

There is a Code of Practice as to the keeping, management and destruction of records to help public authorities comply with the Act. [6]