- 17 Jul 2017
FOI reference: FOI/17/01362
Date received: 15 June 2017
Date responded: 11 July 2017
1) A copy of Fujitsu's Independent Technical Review into Scotland's Common Agricultural Policy IT System.
2) If you will not provide a full copy, please provide a redacted version with as much content as possible.
While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested under 1) above because exemption(s) s30(c) (prejudice to effective conduct of public affairs) and s33(1)(b) (commercial interests) of FOISA apply to some of that information. The reasons why those exemptions apply are explained in the Annex to this letter.
The pertinent information you have requested under 2. above is now available from the Scottish Government website at http://www.gov.scot/Publications/2017/06/7189 Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
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
Reasons for not providing information
An exemption under section s30(c) of FOISA applies to some of the information you have requested.
The Technical Review Report contains information relating to the configuration of our systems. Disclosing this information would substantially prejudice our ability to protect government digital assets and digital information.
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. However, there is a greater public interest in protecting government information systems from attack or compromise and ensuring that the Scottish Government is able to conduct its business effectively. There is also greater public interest in ensuring that any identified vulnerabilities could not be used to attack Scottish Government systems that hold information entrusted to us by the citizens for whom we provide online services, and for whom we also have responsibilities under the Data Protection Act to protect personal information.
An exemption under section s33(1) of FOISA applies to some of the information you have requested.
The Technical Review Report contains sensitive commercial information the release of which could substantially prejudice the commercial interests of the Scottish Government in discussions that we have to conduct with our current contractors and in future procurements and contract negotiations.
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, because of the widespread concern about the quality of the system as built and the reasons for any deficit. However, this is outweighed by the public interest in ensuring that the Scottish Government is able to extract the best value from current and future suppliers in negotiating commercial arrangements.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House