Deputy Chief Medical Officer WhatsApp messages during the COVID-19 pandemic: FOI Review

Information requested

Orginal Request 202400422236

The WhatsApp messages of Deputy Chief Medical Officer, Professor Graham Ellis, during the Covid-19 pandemic (which for practical purposes we have interpreted as the period from 21 January 2020, the date on which the WHO published its ‘Novel Coronavirus (2019-nCoV) Situation Report', to 30 April 2022, the date on which remaining Covid-19 restrictions were lifted in Scotland).

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for Deputy Chief Medical Officer Graham Ellis’s WhatsApp messages during the Covid 19 pandemic.

I have concluded that a different decision should be substituted.

After the original response issued, it was discovered that WhatsApp messages falling within the scope of your request are held by the Scottish Government. These messages were not found in the original searches carried out. As part of my review, I have passed this on to the team that carried out these searches and asked that they ensure that search strategies are reviewed to ensure that there is no repeat of this when responding to future requests. I apologise that on this occasion the document was not provided to you in a
timely manner.

Therefore, I have concluded that we were not entitled to respond in terms of section 17(1) of FOISA and have now gone on to consider the in scope information that has been identified.

Response to your Request

I enclose a copy of some of the information you requested. I have listed below the information we are prepared to release. However, some information is being withheld and please refer to the annex to explain why they apply.

• Professor Ellis was part of a CMO Clinical Covid Group. A copy of this chat is provided. 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 37(1)(b) and 38(1)(b) of FOISA apply to that information. Further explanations of these exemptions are provided in the annex supplied alongside this letter.
• Professor Ellis was part of a Deputy Chief Medical Officer's Office Team chat in which day to day logistics were discussed. A copy of that chat is provided. 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 37(1)(b) and 38(1)(b) of FOISA apply to that information. Further explanations of these exemptions are provided in the annex supplied alongside this letter.
• Professor Ellis was part of a Professor Advisor Group. A copy of that chat is provided. 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 30(b)(ii), 37(1)(b) and 38(1)(b) of FOISA apply to that information. Further explanations of these exemptions are provided in the annex supplied alongside this letter.
• Professor Ellis was part of a CMO weekly call group. I have enclosed a copy of some of the information 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 30(b)(ii), 37(1)(b) and 38(1)(b) of FOISA apply to that information. Further explanations of these exemptions are provided in the annex supplied alongside this letter.

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 202400429729 - Information Released - Annex A

File type

PDF

File size

61.5 kB

FOI 202400429729 - Information Released - Annex B

File type

60 page PDF

File size

363.9 kB