Information Access Rights in FOIA and FOISA – Fit for Purpose?. Issue 1 (January 2017)

• Record Type: Journal Article
• Authors: Mc Cullagh, Karen
• Is Part Of: Edinburgh law review. Volume 21:Issue 1(2017)
• Page Start: 55
• Page End: 87
• Publication Date: 2017-01
• Subjects: freedom of information -- United Nations -- comparative law; Law reviews -- Scotland -- Periodicals; Law -- Scotland -- Periodicals; Law -- Periodicals; 349.411
• DOI: 10.3366/elr.2017.0389
• Languages: English
• ISSNs: 1364-9809

Abstract

Abstract : In this article, Dr Mc Cullagh examines whether the Freedom of Information Act 2000 (FOIA) and Freedom of Information (Scotland) Act 2002 (FOISA) are fit for purpose as they enter their second decade. A two-fold approach is used to make this determination. Firstly, an assessment of the degree of compliance of both Acts against a set of UN endorsed principles is undertaken. This reveals that neither Act is fully compliant with the normative principles. Secondly, the Acts are compared against each other. The comparative analysis demonstrates that the Acts are creatures of their respective parliaments and that their evolution has been shaped by the distinct political cultures in which they operate. It concludes that at present FOISA offers stronger information rights but that both Acts should be amended to ensure full compliance with the UN endorsed principles if both jurisdictions are to have information rights that are fit for purpose as they enter their second decade.