It was only after I received “false” information in response to a FOI request that I became aware there is no obligation on public bodies covered by FOISA to be truthful and accurate in their responses.
So I took the issue up with the Scottish Information Commissioner’s Office, hoping they could intervene and investigate. However I was told in January 2014 by the SIC: “When information is supplied by a Scottish public authority in response to a request and the requester is dissatisfied because he or she believes that the information is misleading, inaccurate, contains errors, or is otherwise deficient, this is not something that the Commissioner can address in terms of FOISA.” I found that response to be both incredible and deeply disturbing.
I then asked my constituency MSP to raise the issue with the appropriate Scottish Government Minister, in this case Nicola Sturgeon, Cabinet Secretary for Infrastructure, Investment and Cities.
In her reply to my MSP, which was forwarded to me on February 12th 2014, Ms Sturgeon states: “Public bodies are required to provide information they have which is within the scope of a freedom of information request, but that does not necessarily mean that the information provided is always accurate and up to date”.
Surely that admission confirms that the current Freedom of Information arrangements are inadequate, and need to be underpinned by a guarantee of accuracy. Having exhausted other avenues in a bid to right this wrong I believe a parliamentary petition to be the only way to close an unfortunate if convenient loophole (for some) in FOISA.