Publication - FOI/EIR release

Correspondence relating to Scottish National Standardised Assessments: FOI release

Published: 28 Sep 2018

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

Published:
28 Sep 2018
Correspondence relating to Scottish National Standardised Assessments: FOI release
FOI reference: FOI/18/02326  
Date received: 29 August 2018  
Date responded: 26 September 2018
 
Information requested
 
Copies of any correspondence between the Scottish Government and SOLAR, or any individual SOLAR members, relating to Scottish National Standardised Assessments.

Copies of any internal discussions or correspondence relating to SOLAR and SNSA from the last 6 months.
 
Response
 
A copy of some of the information you requested can be found below. 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 38(1) (b) (personal information) and 36(1) (legal advice) of FOISA apply to that information. The reasons why those exemptions apply are explained below.
 
Reasons for not providing information
 
Exemptions apply:

Section 38(1)(b) – applicant has asked for personal data of a third party.

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

Section 36(1) – legal advice.

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) 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.
 
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

foi-18-02326 Emails

25 page PDF
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Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 


The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG