The Act is being promoted and enforced by a fully independent Scottish Information Commissioner. Mr Kevin Dunion has been appointed to this post by Her Majesty, on the nomination of the Scottish Parliament. He started this post on February 24 2003.
The Commissioner is an independent public official whose duties include:
- the promotion of good practice;
- approving and assisting in the preparation of publication schemes;
- providing information on the operation of the Act; and,
- enforcing compliance with the Act.
It's important to note that the Scottish Information Commissioner does not have responsibility for enforcing Data Protection legislation and is completely independent of the (UK) Information Commissioner. The (UK) Information Commissioner is responsible for policing the (UK) Freedom of Information Act 2000 which does not apply to bodies covered by the Scottish legislation. However, unlike the Scottish Information Commissioner, the (UK) Information Commissioner has responsibility for the enforcement of the Data Protection Act 1998.
Links:
Scottish Information Commissioner website
Scottisn Information Commissioner decisions concerning Scottish Executive cases