Publication - FOI/EIR release

Current or retired police officers correspondence to Michael Matheson 2018: FOI release

Published: 4 Dec 2018

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

Published:
4 Dec 2018
Current or retired police officers correspondence to Michael Matheson 2018: FOI release
FOI reference: FOI/18/03267  
Date received: 2 November 2018 
Date responded: 29 November 2018
 
Information requested

 

Copies of any letters/emails sent by current or retired police officers not serving in the Police Scotland Executive Team on the topic of equipment or kit to Michael Matheson during 2018.

Copies of any letters/emails sent by current or retired police officers not serving in the Police Scotland Executive Team on the topic of officer numbers to Michael Matheson during 2018.

Copies of any letters/emails sent by current or retired police officers not serving in the Police Scotland Executive Team on the topic of police pay to Michael Matheson during 2018.

Copies of any letters/emails sent by current or retired police officers not serving in the Police Scotland Executive Team on the topic of the merger of the legacy forces to Michael Matheson during 2018.

 
Response
 
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 an exemption(s) under section(s) s.38(1)(a and b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
 
Reasons for not providing information
 
An exemption(s) under section(s) s.38(1(a and b) of FOISA applies to some of the information you have requested.
 
The GDPR and the DPA 2018 came into effect on 25 May 2018 and made many changes to data protection laws in the UK (and the rest of Europe). Anyone using this guidance should be aware that the cases and decisions it refers to were decided in line with the Data Protection Act 1998 (which is no longer in force). Although many of the key principles involved remain very similar under the new rules, care is required to ensure that the new regime is complied with. This guidance will be updated as new decisions are issued and as further guidance on data protection is published by the Information Commissioner's Office which enforces and regulates data protection throughout the whole of the UK, including Scotland.
 
Section 38 of the Freedom of Information (Scotland) Act 2002 (FOISA) contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is:
 the personal data of the person requesting the information (section 38(1)(a));
 the personal data of a third party – but only if other conditions apply (section 38(1)(b));
 personal census information (section 38(1)(c)); or
 a deceased person’s health record (section 38(1)(d)).
 
The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the General Data Protection Regulation and the Data Protection Act 2018.
More detailed information surrounding this act can be found on the Scottish Information Commissioners website.
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 http://www.gov.scot/foi-responses

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