All correspondence between special advisers, civil servants involved in preparing the original response to the FOI 202300372279: FOI release

Information requested

All correspondence between special advisers, civil servants, officials and anyone involved in preparing the original response to the FOI request ref: 202300372279.

Response

I enclose a copy of some of the information you requested, this being copies of emails between officials in relation to preparing the response to your previous FOI request. Please note there was no correspondence between officials and special advisers.

Under Section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This request refers to documents that were issued to you under your previous FOI request which we complied with on 15 September. Please also note that some of the material released as part of this FOI was not in scope under your previous FOI request (202300372279) but we have considered can be released as part of this request.

An exemption(s) under Section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, for example, names and contact details of officials, 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(b)(i) of the FOISA (free and frank provision of advice) or Section 30(b)(ii) of FOISA (frank and free exchange of views) applies to some of the information requested. This applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to ministers and explore options before Scottish Government reaches a settled public view. Disclosing the content of free and frank advice or free and frank discussions about financial support to leave an abusive partner will substantially inhibit provision of such advice and such discussion for the future, particularly as this is a sensitive issue.

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, transparent and accountable government, and to inform public debate. However, disclosure of some of the information requested is likely to undermine the quality of the policy making process, which would not be in the public interest.

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 202300383140 - Information Released - Annex

File type

55 page PDF

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740.2 kB