Freedom of information response ref. FoI/18/02269: timeline, approvals and comments: FOI release

FOI reference: FOI/18/03161
Date received: 30 October 2018
Date responded: 27 November 2018

 

 

You asked for :
 
“Any correspondence (emails, letters, phone calls, handwritten notes or any other documents) between the lead official on FOI request 18/02269 and/or Scottish Government ministers and/or the SG FOI Unit and/or special advisers regarding the response to that FOI request. Information should include: a detailed timeline (with dates) of when the lead official contacted ministers/special advisers (and vice versa); any notes or comments or suggestions offered by ministers or special advisers to the lead official; any input from the SG FOI Unit; any advice or comments from ministers/spads rejected by the lead official; any advice or comments from ministers/spads accepted by the lead official; any correspondence (as defined previously) on the use of exemptions; any correspondence (as defined previously) on material to be redacted; any information on delays to the FOI response; any information on who received the FOI to clear, when they responded and what they said; and any information on delays to the FOI response.”
 

I enclose a copy of some of the information you 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 of exemptions under sections of FOISA apply. The reasons why that exemptions applies are explained below.

 

 

Exemptions apply, subject to the public interest test.
 
An exemption under section 33 1(b) of FOISA applies to some of the information you have requested because it relates to commercial information that may prejudice the company.
 
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 high quality policy and decision-making, and in the properly considered development and implementation. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. 
 
An exemption under section 38 1(b) of FOISA applies to some of the information you have requested because it contains personal information of Government officials.
 
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.