Scotland's freedom of information tsar has warned of "unsustainable" pressure on his office due to a significant surge in complaints about public bodies withholding information. The Scottish Information Commissioner (SIC), David Hamilton, reported an 83% rise in appeals over the last year, a situation he described as placing "significant stress" on his "small team."
In the most recent year, appeals to the watchdog rose from 593 to 1,084. This increase, coupled with a general rise in Freedom of Information (FOI) requests made to public bodies, is straining the system. The total number of requests submitted to public bodies also saw an increase, rising by 12,636 to 111,241 in the same period.
Hamilton indicated that a substantial portion of the increased workload is attributed to the growing use of artificial intelligence. AI-generated requests, which can be more complex and expansive, are contributing to both the volume and intricacy of cases his office handles. During a three-month period between August and October 2025, 34% of appeals received by the SIC were found to be machine-generated.
While acknowledging that increased FOI use signifies greater public awareness and a demand for transparency, Hamilton stressed the need for additional funding to maintain adequate regulatory oversight. "Without additional, but modest, investment, I will be unable to provide adequate regulatory oversight," he stated in his annual report.
Nearly 60% of FOI compliance issues logged by the SIC related to local government. Police Scotland was specifically mentioned for FOI recording failures, and the Scottish Government is currently subject to two SIC interventions regarding performance and record-keeping concerns.
The SIC's annual report revealed that in three-quarters of formal decisions made over the past year, the commissioner ruled in favor of the requester, either fully or partially. The report also highlighted a legal battle involving the SIC and the Scottish Government concerning documents related to the probe into Nicola Sturgeon's handling of harassment complaints about Alex Salmond, a case that has seen the SIC appeal to the Supreme Court.
Murdo Fraser, a Scottish Conservative MSP, criticized the SNP government, stating these remarks are a "damning indictment of the SNP’s secret Scotland." He added that "all too often reasonable requests are rejected by John Swinney’s government who are determined to protect their own reputation and keep Scots in the dark."
Funding for the SIC is overseen by the Scottish Parliamentary Corporate Body (SPCB), a cross-party group of MSPs. A spokesman for the SPCB confirmed that budget bids for the upcoming fiscal year will be considered in the coming weeks. The current annual allocation for Hamilton's office is approximately £2.7 million.