First Minister appearance at Edinburgh Fringe: FOI release

Information requested

All correspondence, briefing notes, memos and attachments relating to Humza Yousaf's appearance at the Fringe. Please include all exchanges with show organisers.

Response

I enclose a copy of most 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 an exemption under section 38(1)(b) "Personal Information" of FOISA applies to that information. The reasons why that exemption applies, in respect of Names of Public Authority Employees, is set out in para 82 et seq of the FOISA Guidance. A copy may be accessed using this URL BriefingSection38PersonalInformationGDPR.pdf (itspublicknowledge.info)

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 because it would be a complete release. However, this is outweighed by the public interest in maintaining the agreed Scottish Government policy with regard to non-release of staff details outwith Senior Civil Service grades.

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, i.e. mobile ‘phone numbers and staff names, 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 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested, namely entry, exit and escort details of the First Minister during events and appearances.

Disclosing this information would substantially prejudice our ability to conduct effective security measures in respect of the First Minister because details of entry, escort and exit procedures at future appearances would be prejudiced. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of security surrounding First Minister movements and ensuring that the Scottish Government is able to conduct this aspect of its business effectively.

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 202300370690 - Information Released - Annex

File type

10 page PDF

File size

592.9 kB