Scottish Cosmetics Interspecialty Expert Group (SCIEG) High Quality Care information: FOI Review

Information requested

Original Request 202400410194

Copies of reports, SCIEG HQC (14) 1 to 16 and SCIEG IEP (14) 1 to 9, mentioned in the FOI response FOI/19/01299.

Response

I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for copies of reports, SCIEG HQC (14) 1 to 16 and SCIEG IEP (14) 1 to 9, mentioned in the FOI response FOI/19/01299.

In accordance with section 21(4) of FOISA, I have also reached a decision on your request.

I can now provide our response to your original request.

Response to your request
I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Following a search of our systems, we have been unable to locate SCIEG HQC (14) reports 7 to 9.
Also, in this instance we are unable to provide some of the information you have requested in the remaining documents because an exemption (section 38(1)(b) (personal information)) of FOISA applies. This is because some of this information is personal data of third parties, e.g. names/contact details of individuals, 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. Exemptions under section 38(1)(b) have been simply marked as '[redacted]' throughout the reports.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) also applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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 and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation. Exemptions under section 36(1) have been marked as '[REDACTED Section 36(1)]' throughout the reports.

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 202400410196 - Information Released - Annex

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