Scottish Information Commissioner David Hamilton attended a conference in Ukraine last week to develop a framework to balance information and security concerns for countries operating under martial law. 

The commissioner responded to concerns of non-compliance by Ukrainian public authorities by explaining Scotland’s regime in which authorities can be convicted of contempt of court. He also proposed a sunset clause be adopted to ensure any modifications only remained in place for as long as was necessary. 

The conference also discussed what international partners could do to support information rights and there was interest in the commissioner’s intervention powers which he explained drove best practice.  

The conference discussions will shape the final draft of the Kyiv Declaration which sets out to create a UN backed framework for authorities to adopt in such times of conflict.

Mr Hamilton said: “This was cutting edge international policy development forged in the midst of a war in Europe.  It was a privilege to attend, to represent Scotland on the world stage and to help shape an international framework which I suspect will sadly be needed again. It was a fascinating exchange of experiences of information laws and I hope that this will lead to further collaboration between our two countries.” 

The commissioner’s discussion panel was interrupted by a missile alarm and delegates had to be evacuated to an underground car park, a backup stage, PA and interpretation services had however been prepared ensuring the conference could continue.   

Mr Hamilton added: “The resilience and ingenuity of the Ukrainian people never ceases to impress me.  When we reached the air raid shelter we were stunned to find that complexity of backup arrangements that had been put in place and the conference was back on line within 15 minutes. The organisers explained to me that the preservation of rights, values and freedoms are what their armed forces were fighting for and so they must deliver the conference. That determination and commitment confirmed why it was important for me to attend in person and show solidarity with the country, people and society with which I have such a personal affinity.”