Scottish Parliament Election - 6 May 2021: guidance for the Scottish Government, its agencies and National Devolved Public Bodies

Note 2: Freedom of Information

1. The Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EIRs) remain in full force during the election period. All written requests for information received are subject to their provisions. Therefore, you should continue to follow the existing procedures for responding to FOI/EIRs requests^[1]. For further guidance, Scottish Government officials should refer to the Intranet.

2. During the election period, particular care must be exercised in handling FOI/EIRs requests, and you should ensure that your Deputy Director is consulted on individual cases and that your Director is aware of requests where the release of information has the potential to impact on the election campaign in any way. It is, however, important to ensure that cases are not held up or delayed unnecessarily during the election period. You should continue to consult the FOI Unit if you need advice on individual cases, particularly where they are complex or sensitive. You should also ensure that Ministers (and special advisers) are involved where requests are complex or sensitive. The FOI Unit's triage email will identify such cases.

Further information

3. For further information, please contact the Freedom of Information Unit:

• Gerry Hendricks
• Graham Crombie