Former Data Commissioner investigation into the use of government messaging services: FOI release

Information requested

All briefings and correspondence held by the Scottish Government about the investigation launched by Emma Martins into the use of government WhatsApps and messaging services between July 1 and August 1 2024.

Response

I enclose a copy of most of the information you requested in total there should be 33 attachments which have been provided to you. (Please note: There are two documents titled "07" and "13" which contain tables which are not fully readable due to the way they have been saved into the system).

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)(ii) (free and frank exchange of views), 36(1) (confidentiality in legal proceedings), and 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption applies

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested under free and frank exchange of views. 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.

An exemption applies

An exemption under section 36(1) of FOISA 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.

An exemption applies

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, i.e. names and 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.

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 202400443100 - Information Released - Annex

File type

PDF

File size

4.0 MB