Freedom of Information (Amendment) (Scotland) Act 2013

Last updated

Freedom of Information (Amendment) (Scotland) Act 2013
Act of the Scottish Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to amend provisions of the Freedom of Information (Scotland) Act 2002 relating to the designation of authorities, the effect of various exemptions and the time limit for certain proceedings.
Citation 2013 asp. 2
Dates
Royal assent 19 February 2013
Commencement 20 February 2013, 31 May 2013
Other legislation
Amends Freedom of Information (Scotland) Act 2002
Status: Current legislation
Text of statute as originally enacted
Text of the Freedom of Information (Amendment) (Scotland) Act 2013 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Freedom of Information (Amendment) (Scotland) Act 2013 is an Act of the Scottish Parliament relating to freedom of information requests in Scotland. [1] It amends the Freedom of Information (Scotland) Act 2002.

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

The First Amendment to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

<span class="mw-page-title-main">Thirteenth Amendment to the United States Constitution</span> 1865 Reconstruction amendment abolishing slavery except as punishment for a crime

The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.

<span class="mw-page-title-main">Basic Laws of Sweden</span> Constitutional law of Sweden

The Basic Laws of Sweden are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries.

Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

Civil liberties in the United States are certain unalienable rights retained by citizens of the United States under the Constitution of the United States, as interpreted and clarified by the Supreme Court of the United States and lower federal courts. Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy. There are also many liberties of people not defined in the Constitution, as stated in the Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

<span class="mw-page-title-main">Freedom of Information Act (United States)</span> 1967 US statute regarding access to information held by the US government

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.

<span class="mw-page-title-main">Freedom of speech in the United States</span> Overview of the human rights history in the North American country

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. However, It can be restricted by time, place and manner in limited circumstances. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.

<span class="mw-page-title-main">Freedom of Information Act 2000</span> Act of Parliament in the United Kingdom

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005.

<span class="mw-page-title-main">Freedom of Information (Scotland) Act 2002</span> United Kingdom legislation

The Freedom of Information (Scotland) Act 2002 was an Act of the Scottish Parliament passed in 2002. It covers public bodies over which the Scottish Parliament has jurisdiction, fulfilling a similar purpose to the UK-level Freedom of Information Act 2000. It, too, came into force at the beginning of 2005.

<span class="mw-page-title-main">Right to Information Act, 2005</span> Act of the Government of India

The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

<span class="mw-page-title-main">Census in the United Kingdom</span> Mass population survey conducted in the United Kingdom

Coincident full censuses have taken place in the different jurisdictions of the United Kingdom every ten years since 1801, with the exceptions of 1941, Ireland in 1921/Northern Ireland in 1931, and Scotland in 2021. In addition to providing detailed information about national demographics, the results of the census play an important part in the calculation of resource allocation to regional and local service providers by the UK government.

Freedom of information (FOI) in the United Kingdom refers to members of the general public’s right to access information held by public authorities. This right is covered in two parts:

  1. Public authorities must regularly publish updates and information regarding their activities, and
  2. Members of the public can make requests for information and updates regarding the activities of public authorities.

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution.

<span class="mw-page-title-main">Criminal Justice (Scotland) Act 1980</span> United Kingdom legislation

The Criminal Justice (Scotland) Act 1980 is an Act of Parliament in the United Kingdom. Most of the Act's provisions were merely a consolidation of already existing legislation, and as such subject to little controversy, with the notable exception was Section 80, which partially decriminalised private homosexual acts between consenting adults in Scotland.

"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of twenty-one years." (§80:1)

<span class="mw-page-title-main">His Majesty's Inspectorate of Constabulary in Scotland</span>

His Majesty's Inspectorate of Constabulary in Scotland (HMICS) is a public body of the Scottish Government and reports to the Scottish Parliament. It has statutory responsibility for the inspection of the effectiveness and efficiency of the police service in Scotland.

There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements.

<i>American Civil Liberties Union v. Clapper</i> American federal court case

American Civil Liberties Union v. Clapper, 785 F.3d 787, was a lawsuit by the American Civil Liberties Union (ACLU) and its affiliate, the New York Civil Liberties Union, against the United States federal government as represented by then-Director of National Intelligence James Clapper. The ACLU challenged the legality and constitutionality of the National Security Agency's (NSA) bulk phone metadata collection program.

References

  1. "Freedom of Information (Amendment) (Scotland) Act 2013: Introduction". National Archives. Retrieved 31 August 2014.