Data Watchdog Accuses Scottish Government of ‘Unjustified Delays and a Wall of Silence’

Why It Matters

The standoff threatens public confidence in government openness and may trigger legal precedent that strengthens FOI enforcement across Scotland and the UK.

Key Takeaways

• Commissioner doubts government's ability to manage sensitive data unsupervised
• Legal advice on Sturgeon probe withheld despite FOI order
• Government missed multiple deadlines, gave “preposterous” excuses
• Potential legal action could tighten FOI enforcement in Scotland
• Past mishandling of Alex Salmond case fuels scrutiny

Pulse Analysis

Scotland’s information commissioner, David Hamilton, has publicly warned that the Scottish Government can no longer be trusted to handle sensitive information without oversight. The warning follows a series of missed deadlines and a refusal to release legal advice tied to a 2024 decision ordering the publication of documents about the investigation into former First Minister Nicola Sturgeon. Hamilton’s intervention underscores the growing tension between the commissioner’s statutory powers and the civil service’s interpretation of freedom‑of‑information obligations.

The Sturgeon probe, led by Irish counsel James Hamilton, cleared the former premier of misleading parliament during a Holyrood inquiry into Alex Salmond’s harassment complaints. Yet the government’s reluctance to disclose the accompanying legal advice has revived memories of the 2019 Salmond case, where mishandling of evidence led to a costly legal defeat for the administration. Public confidence in the Scottish administration is already fragile, and the commissioner’s “wall of silence” accusation amplifies calls for greater transparency and accountability.

If Hamilton proceeds with legal action, the case could set a precedent for more intrusive enforcement of FOI requests across the United Kingdom. Legislators may be compelled to tighten statutory deadlines and clarify the scope of legal‑advice exemptions, reducing the grey area that officials currently exploit. For businesses and NGOs that rely on timely access to government data, a clearer, more enforceable FOI regime would improve risk assessment, policy planning, and stakeholder engagement.