Information considered by the UNCRC Strategic Implementation Board: FOI release

Information requested

All reports, files and correspondence considered by the UNCRC Strategic Implementation Board.

Response

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 exemption(s) under the following sections of FOISA applies to that information:

• s.25(1) – Information otherwise accessible,
• s.29(1)(a) - formulation or development of government policy,
• s.38(1)(b) - Personal data relating to third party of FOISA

The reasons why these exemptions apply are explained below.

Section 25(1) – Information otherwise accessible

Some of the information you have requested is available from: United Nations Convention on the Rights of the Child (UNCRC) Strategic Implementation Board - gov.scot (www.gov.scot).

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on the UNCRC Bill. This exemption is subject to the ‘public interest test’. 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 implementation and development of policies and decisions. 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. Their candour in doing so will be affected by their assessment of whether the discussions on the UNCRC Bill will be disclosed, and that may undermine or constrain the Government’s debate on that policy while it is still under discussion and development.

Section 38(1)(b) – Personal data relating to third party

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. names, contact details of individuals, 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.

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.

FOI 202300353310 - Information Released - Annex A

File type

311 page PDF

File size

3.1 MB

FOI 202300353310 - Information Released - Annex B

File type

144 page PDF

File size

2.6 MB