Scottish Government correspondence mentioning the Edinburgh Film House: FOI release

Information requested

All correspondence sent and received by the Scottish Government and/or Angus Robertson, including internally, briefings, minutes/notes from meetings which mentions or is from Edinburgh Film House, between January 1 2024 and April 30 2024.

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 30(b)(i) (substantial inhibition of free and frank provision of advice), 33(1)(b) (prejudice to commercial interests) and 38(1)(b) (personal information of a third party) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

30(b)(i) (substantial inhibition of free and frank provision of advice): This exemption applies to a small amount of the information requested and it relates to the provision of free and frank advice to Ministers. 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 for Ministers and officials to have a private space within which to seek advice and discuss options before reaching a settled public view. This private space allows for Ministers to consider advice form officials before policy decisions are taken. Premature disclosure is likely to undermine policy decisions 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 of a third party) 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 https://www.gov.scot/foi-responses.

FOI 202400432980 - Information Released - Annex

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7 page PDF

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