Scotcoin correspondence: FOI release

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


Information requested

1. Please provide all correspondence (emails, typed or handwritten notes, letters, phone calls, minutes of meetings or otherwise) between members of the Scotcoin company and FinTech Scotland.

2. Please provide all correspondence (emails, typed or handwritten notes, letters, phone calls, minutes of meetings or otherwise) between members of the Scotcoin company and officials working for or in the Scottish Government.

Response

Some of the information you have requested (in points 1 and 2 above) is available from previous Freedom of Information (FOI) responses. Please see the links below:

https://www.gov.scot/publications/foi-202000011924/

https://www.gov.scot/publications/foi-202000057929/

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.

Attached is most of the information you requested, obtained after your previous Freedom of Information requests. To note:

  • Item 1 relates to point one of your request.
  • Items 2-5 relate to point two of your request.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested as an exemption(s) under the following section(s) apply:

  • section 38(1)(b) Personal information of FOISA applies to that information.
  • section 33(1)(b) - Commercial interests.

The reasons why these exemptions apply are explained below:

s.38 (1)(b) Personal Information

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 a small amount of that information, being the personal data of a third party, i.e. the names of junior officials and personal details of other persons. Disclosing such 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.

s.33(1)(b) Commercial interests

An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this information would, or would be likely to, prejudice substantially the commercial interests of the noted companies above. Disclosing this information would be likely to give their competitors an advantage through releasing sensitive commercial information.

As the exemption is also subject to the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing the information outweighs the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. While we recognise that there is a general public interest in information provided to government, there is a greater public interest in protecting the integrity of commercial business plans and operating models, ensuring no competitive disadvantage, or detriment to future negotiations or business relationships

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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