Funding applications by LGBT Youth Scotland: FOI Appeal

Information requested

The funding application/s made to Scottish Government by LGBT Youth Scotland for the past 3 years. A breakdown of the funds awarded and any information on proposed future funding as well as copies of the funding agreements that LGBT Youth Scotland agreed to when they accepted the grants.

Response

Further to your application to the Scottish Information Commissioner in relation to your request for:

The funding application/s made to you by LGBT Youth Scotland for the past 3 years.

I am writing to advise that we have given further consideration to our decision to continue to withhold the funding application received from LGBT Youth Scotland under section 33(1)(b) (commercial interests) of FOISA in our response to your review on 2 June 2023.  

Having reconsidered this information I can confirm that we no longer wish to rely on an exemption under section 33(1)(b) and I have concluded that most of the information from the funding application can now be disclosed. I have attached a copy of the application with this letter.

I have determined that a small amount of information from this funding application remains exempt from disclosure under section 30(c) (effective conduct of public affairs) and section 38(1)(b) (personal information) of FOISA. Where these exemptions have been applied it is clearly noted in the application. The reasons why these exemptions apply are set out in the annex to this letter.

I hope you find this information helpful. I will share a copy of this letter with the Scottish Information Commissioner’s Office.

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

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

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details of individuals as well as individual salary information 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 applies, subject to the public interest test

Section 30(c) (effective conduct of public affairs)

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to LGBT Scotland’s bank details. It is essential that the Scottish Government can continue to have a productive relationship with charities like LBGT Youth Scotland who provide support of national and local importance to vulnerable individuals. 

We consider that disclosing this information would substantially prejudice the Scottish Government’s relationship with LGBT Youth Scotland. If disclosed LGBT Youth Scotland are likely to consider that the Scottish Government has revealed sensitive details, that were shared on a confidential basis, which would be detrimental to them both financially and in terms of their ongoing  relationship with the Scottish Government. Disclosing bank details would also increase the risk of fraudulent activity, allowing those with criminal intentions to potentially gain access to vital funds which would otherwise be used to support the important work of the charity.

We believe that disclosure of information of this type would undermine trust in the Scottish Government and make it likely that they or other businesses would be reluctant to engage with Scottish Government on such matters in the future to the detriment of the charities and in turn the individuals they are supporting. The Scottish Government must be able to assure businesses that sensitive information about their banking arrangements will not be released as a result of their application of funding from the Scottish Government. The maintenance of trust is important to allow the Scottish Government to engage with charities in the best interests of Scotland, with the ultimate aim of serving those that need support from charities. 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 recognise that there is a public interest in disclosing information as part of open, transparent, and accountable government, and to inform public debate and we also acknowledge the public interest in relation to the grant funding application process for charities such as LGBT Youth Scotland.

However, given the importance of charity to Scotland, we believe that this is outweighed by the public interest in protecting the Scottish Government’s relationship with LGBT Youth Scotland and other charitable organisations who provide details of their banking arrangements as part of a wider application process. We consider that there is a strong public interest in protecting charity organisations against the risk of fraudulent activity, given the importance of the work they do for the community and often on limited financial resources. It is of vital importance to Scotland, and the people of Scotland, that the Scottish Government can provide funding to charities to support vulnerable sections of the population. The public interest lies in protecting some sensitive information in the service of allowing future funding

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 202300355127 - Information released - Annex

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