Documentation regarding Axis Studios: FOI release

Information requested

All documentation held by the Scottish Government about Axis Studios, including policy documents, analysis, briefings, minutes/notes from meetings and correspondence, including internally, from the last three months.

Response

I enclose a copy of most of the information you requested.

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 exemptions under sections s.29(1)(d) (Ministerial private office), s.33(1)(b) (prejudice to commercial interests), and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Section 29(1)(d) (Ministerial private office): This exemption applies to a small amount of the information requested because it relates to the operation of a Ministerial Private office. 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 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 space for the Minister’s private office to operate, until the Minister and the policy area as a whole can reach a decision that is sound and effective. This space allows for the private office to efficiently facilitate properly considered policy decisions to be taken. Premature disclosure is likely to undermine the operation of the private office, which in turn will undermine the quality and timeous nature of the policy making process.

Section 33(1)(b) (prejudice to commercial interests): This exemption applies to some of the information requested because disclosure of this would, or would be likely to, prejudice substantially the commercial interests of a person or company. 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 public interest in release because there is a general public interest in transparent government and information held by the Scottish Government. We recognise that there is an interest into how decisions are reached in this sector and how money is spent by commercial entities operating, or seeking to operate, in Scotland. However on balance, there is a greater public interest in protecting the integrity of these conversations and decision-making process, so that individuals and companies are not unduly prejudiced in the future and that companies operating within this sector continue to invest in Scotland.

Section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party i.e. the names 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.

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 202400429341 - Information Released - Annex A

File type

1 page PDF

File size

122.9 kB

FOI 202400429341 - Information Released - Annex B

File type

46 page PDF

File size

726.0 kB