Publication - FOI/EIR release

Scottish Information Commissioner's Decision Notice: FOI release

Published: 21 December 2023
Directorate: Constitution Directorate
Topic: Public sector
FOI reference: 202200297190
Date received: 27 April 2022
Date responded: 25 May 2022

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Any internal or external correspondence, including any attachments, WhatsApp messages, text messages, instant messaging, memos, OneNotes, minutes, agendas, appendixes or other correspondence, relating to the Scottish Information Commissioner's Decision Notice, reference number 048-2022, and related FOIs.

Response

While our aim is to provide information whenever possible, in this instance, exemptions under section 25(1) (otherwise accessible), section 38(1)(a) (the requester’s own personal data), 38(1)(b) (personal information of a third party), section 30(b)(i) (free and frank provision of advice), section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation),Section 30(c) (substantial prejudice to the effective conduct of public affairs) and 36(1) of FOISA (confidentiality in legal proceedings) apply to some of the information requested. The reasons why these exemptions apply is explained in Annex A of this letter.

Under FOISA, we do not need to provide information that is already otherwise accessible to the requester. However, in the interests of being helpful in this case, we can confirm that we have applied section 25(1) to the following material which is otherwise available to you, as you were the requester in the case referred to in your request:

initial FOI request from the requester
email response from Scottish Government to the requester
PDF response Scottish Government to the requester
Annex A pertaining to above response -
email from requester asking for review
review response from Scottish Government to the requester
requester’s appeal submission to OSIC
Decision notice available at: https://www.itspublicknowledge.info/decision-0482022

Some of the information you have requested is included at Annex B and Annex C.

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.