SAR compliance in Scotland is a concern. Here's how we’re helping councils beat the backlog.

Jenny Brotchie is ICO Acting Head of Scottish Affairs

Scottish Local Authorities have seen large increases in subject access requests (SARs) in recent years. Much of the increase is related to the Redress Scotland scheme which lets?people who suffered abuse while in care apply for redress. To support their application more and more people are looking to access their care records.

Delays and lack of information cause distress

Those who were let down in the past are being let down again, this time by poor SAR compliance. We have heard how undue delays and lack of communication from local authorities can cause further distress for people, including those with care experience and those trying to claim redress in Scotland. Local authorities must get this right despite the rising numbers of requests, which is why we have been offering support and monitoring those with poor compliance until we are satisfied that improvements have been made.

Support to councils to bring down the backlog

The 32 local councils in Scotland have seen a 67% increase in subject access requests so we’ve been supporting poorly performing councils in Scotland to respond on time and taking action when needed.?

We asked poor performers to put action plans in place that have significantly reduced the backlog of requests and improved response times. 75% of local authorities improved their SAR compliance, with 13 local authorities reporting a compliance rate of 90% in 2023/24.?

While I’m pleased to see significant improvements from most of the local authorities that we engaged with, SAR compliance in Scotland remains an area of focus for us?and we must ensure people can exercise their information rights effectively and without further harm.?

Edinburgh and Glasgow City Councils reprimands

So we take action when needed. Our recent compulsory audit of Glasgow City Council found that the council has good policies and procedures in place to handle SARs. But a lack of resources and budget meant the council was unable to respond to many SARs within the legal timeframe.?

And since we reprimanded the City of Edinburgh Council, they have reported some improvement in response times.?

We expect all local authorities to have sufficient resources in place to handle the volume and complexity of SARs, and to keep people updated on the progress of their request. We'll continue to work with local authorities and other key stakeholders to drive further improvements and ensure that people can access their own personal information.

Our commitment to supporting care experienced people

We have committed to improving the support we provide to both people who grew up in the care system across the UK and the organisations that hold their information. We have been gathering evidence of the challenges facing both people and organisations when it comes to accessing care records and will share its findings and next steps over the coming months.??

Read more about our work with local authorities in Scotland.?