News Story

Scotland’s information tsar has called for more funding, claiming he will be “unable to provide adequate regulatory oversight” otherwise.

Money for the Information Commissioner is approved by the Scottish Parliamentary Corporate Body (SPCB) a cross-party group of MSPs which oversees Holyrood.

About £2.7 million was allocated to the office of Commissioner David Hamilton for the most recent year.

But, speaking as his annual report was published on Tuesday, Mr Hamilton said “modest” uplift will be needed next year.

The claim comes as the number of appeals to the commissioner usually done when an applicant is unhappy with the response to a request almost doubled, increasing by 83%.

Mr Hamilton also said the impact of AI was being felt in his office as well as in the volume of requests made to public bodies, which increased by more then 10,000 to 111,241.

“This has been another strong year for Scotland’s FOI regime, with increasing demand on FOI services across the board,” the commissioner said.

“However, an unprecedented 83% rise in appeals to my office is putting an unsustainable strain on my small team.

“Without additional, but modest, investment, I will be unable to provide adequate regulatory oversight.

“While the increased use of FOI is a welcome sign of growing public awareness and greater confidence in demanding transparency from public bodies, when coupled with an explosion in the availability and use of artificial intelligence it places Scotland’s FOI system under significant stress.”

He added: “Demand for FOI has been fuelled by recent cases which have captured public attention and helped raise awareness of FOI at a local and national level.

“This has included NHS Fife’s handling of a high-profile employment tribunal and the Scottish Government’s approach to transparency around the investigation into former first minister Nicola Sturgeon.

“Perhaps the most significant impact, however, has been the role of artificial intelligence on FOI, with reports from the public sector of increases in AI-generated requests.

“These can add to both the volume and complexity of requests, with evidence that AI tools often suggest that FOI requests are expanded to include extra information that the requester may not necessarily want to know.

“AI has had a particularly dramatic impact on my office, with increases in the number of multiple appeals made by single requesters, supported by the use of AI.

“This includes one three-month period where 34% of our appeals were found to be machine-generated.

“Of course, the technology can be a valuable tool for people exercising their rights, so we have issued guidance encouraging its responsible and proportionate use.

“Perhaps the real challenge, though, is ensuring that the machines read it too.

“In the meantime, we are working flat out to respond to the challenges that these unprecedented circumstances create.”