Scottish Information Commisioner plans appeal cap after cases surge

The Scottish Information Commissioner received 1,084 appeals in 2025-26, up from 593 the previous year – an increase of 83 per cent. In response, the watchdog has proposed a cap of five live appeals per person, ending what has previously been an unrestricted right.

The measure, due to be included in a new Investigation Handbook, has yet to be introduced.

The commissioner’s office said the change is intended to prevent a small number of applicants from overwhelming resources and delaying cases brought by others. It stressed that appeals exceeding the limit would not be rejected, but would instead be considered once earlier cases had concluded.

The proposal has prompted concern among transparency campaigners. Benjamin Harrop, who has several ongoing appeals linked to the Scottish government’s handling of documents from the James Hamilton inquiry into Nicola Sturgeon’s conduct, warned the move could hinder journalists and campaigners pursuing sensitive information.

Last week, the Court of Session found Scottish ministers in contempt of court over their failure to comply with an information ruling relating to one of Mr Harrop’s cases.

Labour MSP Katy Clark said the move was “undoubtedly a result of sustained underfunding”.

She added: “Appeals are on the increase as the public are increasingly unhappy with the responses that they are receiving from public bodies, while the Commissioner is being required to undertake greater enforcement action due to public bodies failing to comply with the basics of FOI law.

“The Scottish government itself has just been found to be in contempt of court due to its failure to adhere to an FOI decision.”

The commissioner has repeatedly warned that rising appeal volumes and staffing pressures are placing significant strain on the organisation’s resources.