Documentation containing the name Elon Musk: FOI release

Information requested

Any correspondence or briefing, meeting minute, or agenda which includes the name "Elon Musk" since September 1, 2024

Response

I enclose a copy of some of the information you requested in PDF form (ANNEX A).

Our aim is to provide information whenever possible. However, in this instance, some of the information you have requested is not held by the Scottish Government for the purposes of FOISA because we received it in confidence from the UK Government. This means that, under the terms of section 3(2)(a) (ii) of FOISA, we are unable to disclose it in response to your request. However, you may wish to submit a new request under the Freedom of Information Act 2000 (FOIA) to the Foreign, Commonwealth & Development Office at Abercrombie House, Eaglesham Rd, East, Kilbride G75 8EA who should be able to help you further.

An exemption(s) under section(s) s.29(1)(a), s.30(b)(ii), s.38(1)(b), or s.39(1) of FOISA applies to some of the information you have requested:

s.29(1)(a) exempts information from disclosure if it relates to the formulation or development of government policy.

s.29(1)(a) applies in this case as some of the information you have requested includes discussion about a government policy which is still in development.

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 because it is important for government to be open and transparent. However, this is outweighed by the public interest in receiving robust and duly considered policies at the appropriate time.

s.30(b)(ii) exempts information from disclosure where disclosure would, or would be likely to, cause substantial harm to to one or more of the following:

• the maintenance of the convention of the collective responsibility of the Scottish Ministers
• the free and frank provision of advice
• the free and frank exchange of views for the purposes of deliberation
• the effective conduct of public affairs

s.30(b)(ii) applies in this case since disclosure of information would be likely to cause substantial harm to the free and frank exchange of views for the purposes of deliberation.

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 because it is important for government to be open and transparent. However, this is outweighed by the public interest in retaining space for senior leadership within Scottish Government to be able to brief colleagues in a private manner on political developments.

s.38(1)(b) exempts information from disclosure if it is the personal data of a third party.

s.38.(1)(b) applies in this case since most of the information you have requested contains personal data of a third party.

s.39(1) exempts information from disclosure if disclosure would, or would be likely to, endanger the  physical or mental health or safety of an individual.

s.39(1) applies in this case since some information you have requested would be likely to cause damage to individuals mental health. The Scottish Government receives correspondence from members of the public on a wide range of issues, expressing a wide range of personal and political views and theories. The application of the exemption at s.39(1) FOISA in this case relates only to such correspondence, as we consider releasing this information (even with personal information redacted under s.38(1)(b)) would be likely to further damage the mental health of those individuals.

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 because it is important for government to be open and transparent. However, this is outweighed by the public interest in the protecting mental health and wellbeing of individuals.

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 202500446982 - Information released - Annex A

File type

PDF

File size

3.1 MB