Morag McDonald, communications, website and freedom of information officer at the OSCR, said a loophole in the Freedom of Information (Scotland) Act 2002 meant the regulator had ceased to be covered by the act when it took up its full powers in April 2006.
She said the Scottish Government was working to close the loophole and the regulator would abide by the legislation in the meantime. "The OSCR is committed to being open and transparent," she said.
Scottish freedom of information legislation allows the Scottish Government to designate extra public authorities, but these powers have never been used. A consultation on using such powers in England and Wales ended earlier this month.