Yammer: correspondence with Education Secretary John Swinney: FOI release

FOI reference: FOI/18/01639
Date received: 12 June 2018
Date responded: 11 July 2018

Information requested

1. All correspondence between Education Secretary John Swinney and Education Scotland in relation to Yammer.

2. Separately and packaged on its own, all correspondence by Mr Swinney in relation to privacy or security concerns over Yammer.

Response

I enclose a copy of most of the information you requested. However, 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 exemptions under sections 30(b)(i) (free and frank provision of advice), 30(b)(ii) (free and frank exchange of views), 35(1)(a) (law enforcement) and 38(1)(a) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

Please note that no information exists in relation to the second point of your request, other than the information by Mr Swinney which is included within point one of your request.

I have included an extract of a ministerial submission about Glow Procurement which mentions Yammer. The remainder of that submission is not within the scope of your request as it does not contain further information on Yammer.

Reasons for not providing information

Section 30(b)(i) - free and frank provision of advice.

Section 30(b)(ii) - free and frank exchange of views for the purposes of deliberation.

Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) and 30(b)(ii) of FOISA (free and frank exchange of views for the purposes of deliberation) applies to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views. These exemptions recognise the need for officials to have a private space within which to provide free and frank advice and to exchange views to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice and the frank exchange of views on security and privacy in Yammer will substantially inhibit the provision of such advice in the future, particularly because these discussions are still ongoing and decisions have not yet been finalised.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, as part of the process of exploring and refining the Government's approach to safeguarding in Glow.

Section 35(1)(a) - law enforcement.

An exemption under section 35(1)(a) of FOISA (law enforcement) applies to some of the information requested.

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 release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in ensuring the prevention or detection of crime is not jeopardised.

Section 38(1)(b) - personal information.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the redacted information because it is the personal data of third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

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FOI-18-01639 related documents.pdf

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