Correspondence between the COPFS and the Scottish Government on the topic of Operation Koper: FOI release

Information requested

Any correspondence between the COPFS and the Scottish Government on the topic of Operation Koper since January 1, 2022 to date.

Response

I enclose a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide a small amount of the information you have requested because an exemption under section 38(1)(b) (personal Information) of FOISA applies.

This is because it is personal data of a third party, i.e. the names and contact details of Scottish Government and COPFS members of staff, 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 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.

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate, often in confidence, with external stakeholders on a range of issues, including the ongoing investigation of COVID-19 deaths within Care Home settings. Disclosing the content of these communications, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to provide their views fully and frankly if they believe that their views are likely to be made public, particularly while these discussions are still ongoing and relate to a sensitive issue such as Operation Koper. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to make fully informed decisions.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to communicate on this ongoing investigation and disclosure of this information may impact the effective working relationship between Scottish Government and CDIT (Covid Deaths Investigation Team), which would not be in the public interest.

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FOI - 202200321978 - Information release

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