Scotland’s Census 2022 correspondence: FOI release

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


Information requested

"Any internal Scottish Government communications (including emails or internal briefings) on the subject of Scotland’s Census 2022. The date range for this request is 6 May 2024 to 21 May 2024."

Response

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(s) under section(s) 30(1)(b) (Personal Information) and 38(1)(b) Provision of free and frank advice of FOISA applies to that information. Section 38(1)(b) – Personal Information This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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. Section 30(b)(i) – free and frank provision of advice Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position.

Disclosing the content of free and frank briefing material on the 2022 Census will substantially inhibit such briefing in the future, particularly as these matters relate to the future development of government statistics. 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.

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 202400415296 - Information Released - ANNEX A

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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