Police Scotland is currently under investigation by the Information Commissioner’s Office (ICO) for its handling of public requests for information. The probe focuses on the force's performance in responding to Subject Access Requests (SARs), which allow individuals to obtain personal data held about them, and freedom of information (FOI) laws.
An 'alarming' new report reveals that internal documents show declining rates of compliance with SARs and FOI laws, alongside an increase in serious data breaches. The documents were submitted to the Scottish Police Authority’s audit, risk and assurance committee.
According to the report, Police Scotland's information disclosure compliance rate for SARs and FOI requests fell to approximately 47 percent, meaning over half of requests were not answered within the statutory timeframe. The force is also being monitored by the Scottish Information Commissioner, who has requested regular performance data.
The ICO confirmed its investigation is seeking to establish whether Police Scotland has failed to comply with legal obligations under the UK General Data Protection Regulation and the Data Protection Act, particularly concerning response times.
Scottish Tory justice spokesman Stephen Kerr criticized the situation, stating, "This is another damning indictment of the SNP’s failure to properly support Scotland’s police force." He added, "While ministers obsess over virtue-signalling and bureaucratic box-ticking, basic standards are not being met."
Police Scotland acknowledged the ICO investigation and stated they are cooperating fully. "A detailed response has been submitted to ICO, highlighting several planned and ongoing improvements; however, we are yet to receive an outcome," a force spokesperson said. The disclosure team is reportedly operating under significant pressure due to increased demand.
The report also detailed 386 data loss incidents recorded by Police Scotland during 2025-26. Of these, nine were deemed serious enough to be reported to the ICO, an increase from three in 2024-25 and one in 2023-24. Incidents included alleged unlawful access to police systems, the erroneous disclosure of witness details to an accused person, and the mishandling of a victim's address in a custody report. Other instances involved a criminal case production disc going missing during delivery and ill-health retirement documents being emailed to the wrong recipient, as well as a custody hospital record being left in a public waiting area.
FOI legislation is designed to promote transparency and accountability by granting the public the right to access information held by public authorities. SARs provide individuals with access to their personal data under data protection laws. Police chiefs have previously warned of the challenges in balancing legal obligations with diminishing resources amid rising demand on disclosure operations.