Documentation regarding ministerial briefing preferences: FOI release

Information requested

The content of all documentation regarding Ministerial preferences detailing how current Scottish Government Ministers prefer their briefings, speeches and correspondence to be prepared and handled.

Response

I attach a copy of information held by the Scottish Government relating to your request at Annex A.

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 apply. The reasons why those exemptions apply are explained below.

Due to the recent First Minister transition and changes to the Ministerial team some Ministerial preferences have not been confirmed, therefore, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some the information you have requested.

An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to some of  information requested because it relates to the operation of any Ministerial private office. 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, to ensure private offices operate efficiently and to inform public debate.

As a result of issuing some information at this stage, we are unable to provide some of the information because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information, this is 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 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.

Annex_A_202300360682

File type

72 page PDF

File size

440.3 kB