Question reference: S5W-17127
- Date lodged: 8 June 2018
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Current status: Answered by Joe FitzPatrick on 20 June 2018
Question
To ask the Scottish Government, further to the answer to question S5W-09168 by Joe Fitzpatrick on 22 May 2017, to what extent the Freedom of Information (Scotland) Act 2002 applies to private companies.
Answer
As set out in my answer to S5W-09168, the Freedom of Information (Scotland) Act 2002 ('the Act') covers private companies if they are wholly-owned by a public authority listed in schedule 1 of the Act.
The Act can also be extended to organisations, including private companies, undertaking 'functions of a public nature'. Private companies brought within scope of the Act include private prison contractors and providers of secure accommodation for children. A draft order extending the Act to Registered Social Landlords is currently under consideration.