All correspondence between the office of the First Minister, Crown Office and Police Scotland: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

Please provide all correspondence, (including, reports, letters, email, WhatsApp, SMS, and phone correspondence) and logs of phone calls and meetings, from personal and corporate devices, between the office of the First Minister (both the former First Minister, and the new FM) and the Crown Office, and Police Scotland, since 1 January 2023, to today's date.

Response

Please find attached some of the information that you have requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption(s) under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption(s) under section(s) s.38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in the First Minister’s travel. However, this is outweighed by the public interest in the safety of the First Minister. Therefore, in accordance with advice from Police Scotland, the First Minister’s car travel arrangements are not published.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202300350290_Annex A
202300350290_Annex B

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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