Publication - FOI/EIR release

Correspondence regarding Short-Term Let Licensing and Planning during Edinburgh Festival: FOI release

Published: 15 May 2024
Directorate: Local Government and Housing Directorate
Topic: Housing, Public sector
FOI reference: FOI/202300389896
Date received: 14 December 2023
Date responded: 18 January 2024

Information request and response under the Freedom of Information (Scotland) Act 2002

Information requested

All correspondence between Scottish Government Officials and Ministers and Edinburgh Festival Fringe Society, Festivals Edinburgh and other Edinburgh Festival stakeholders since October 2022 regarding Short-Term Let Licensing and Planning.

Response

I enclose a copy of some of the information you have requested. Some parts of the documents that we are disclosing are subject to FOISA exemptions, which I will explain here. Where an exemption applies, information has been redacted – the rest of the information is disclosed if it is within scope of your request.

An exemption 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)(1) - free and frank exchange of views applies to some of the information you have requested. This exemption provides a “safe space” in which organisations, businesses and other stakeholders can write honestly and frankly to the Scottish Government on any issue they are dealing with, without any fear that the correspondence will later be released into the public domain.

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 allowing a private space within which officials can provide full and frank advice and views, as part of the process of exploring and refining the Scottish Government’s and third party’s decision making process on such issues until a position that is sound and likely to be effective is adopted.

This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Scottish Government officials and third party representatives, which in turn will undermine the quality of the decision-making process, which would not be in the public interest.

Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. I have found that, on balance, the public interest lies in favour of upholding the exemption.

Some of the information you have requested has already been published online. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. For ease, I have provided direct links below:

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.