Minutes of meetings of flood risk management working group: EIR Review

Information requested

Original request 202400445508

All minutes of meetings of COSLA and the Scottish Government's flood risk management working group from September 2024 to today’s date.

Response

I have now completed our review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs).

Your request

“I would like to make an FOI request for the following: All minutes of meetings of COSLA and the Scottish Government's flood risk management working group from September 2024 to today’s date.”

Your request for review

“There is no reason for the majority of the information to be redacted. These are public affairs carried out by public servants using public money. There should be no secrecy.”

Review outcome

I have concluded that a different decision should be substituted.

In conducting my review, I have reconsidered the information previously withheld, revisiting the application of the exception and the public interest test in each instance, where appropriate.

I have determined that some of the information previously withheld under regulation 11(2) (personal information) should be disclosed, and that the exception no longer applies in respect of 3 individuals.

Therefore, I am withdrawing our reliance on the exception and have enclosed a copy of this information in Annex B to this letter.

I am however satisfied that the information previously withheld under regulation 11(2) (personal information) in respect of the remaining attendees of the meeting should remain exempt from disclosure under this exception. I have set out further reasoning for my conclusion in Annex A to this letter.

I have determined that some of the information previously withheld under regulation 10(5)(f) (third party information) should be disclosed, and that the exception no longer applies in respect of information in paragraphs 5, 7 and 9. Therefore, I am withdrawing our reliance on the exception and have enclosed a copy of this information in Annex B to this letter.

I am however satisfied that the information previously withheld under regulation 10(5)(f) (third party information) in respect of paragraphs 8, 10 and 11 should remain exempt from disclosure under this exception. I have set out further reasoning for my conclusion in Annex A to this letter.

ANNEX A

Regulation 11(2) – Personal Information

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party 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 exception 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 exception.

Regulation 10(5)(f) – Third Party Consultation

An exception under regulation 10(5)(f) of the EIRs (substantial prejudice to interests of person who provided the information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the interests of COSLA who provided that information to the Scottish Government. They were not under any legal obligation to give us that information, they did not supply it in circumstances in which it could, apart from the EIRs, be made available, and they have not consented to disclosure. This exception is subject to the ‘public interest test’.

Therefore, taking account of all the circumstances of this case, I have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of upholding the exception.

I recognise that there is a public interest in disclosing information as part of open and transparent government. However, there is a greater public interest in protecting the interests of anyone who provides the Scottish Government with information on a confidential basis. Disclosing such information against the express wishes of the stakeholder is likely to undermine their trust in the Government and make them reluctant in future to share information with us on issues such as flood protection. This would significantly impair the Scottish Government’s ability to develop policies and make decisions on the basis of fully informed advice and evidence. This would not be in the public interest.

Falkirk Council and/or Inverclyde Council may hold further details on specifics as detailed in your request. If you wish to submit an EIR request to them you can do so by contacting foi@falkirk.gov.uk and foi@inverclyde.gov.uk .

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.

EIR 202500449438 - Information released - Annex B

File type

PDF

File size

125.8 kB