Minute of meeting with Fiona Hyslop MSP: FOI release

FOI reference: FOI/18/01246
Date received: 26 April 2018
Date responded: 24 May 2018

Information requested

• A copy of the minute of your meeting with Fiona Hyslop on 19 April.

Response

I enclose a copy of the meeting minute.

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 29(1)(a), formulation of policy, 29(1)(c), advice by law officers and 38(1)(b), personal data of FOISA applies to that information. The reasons why those exemptions apply are explained below.

Reasons for not providing information

An exemption applies.

An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, such as names and contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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 applies, subject to the public interest test.

Exemptions under section 29(1)(a), formulation or development of Scottish Government policy, and section 29(1)(c), advice by law officers, of FOISA applies to some of the information you have requested because it relates to the development of the Scottish Government's policy on press regulation. 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, this is outweighed by the public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether discussions on press regulation will be disclosed in the near future, when it may undermine or constrain the Government's view on that policy while it is still under discussion and development.

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-18-01246 - related documents - note of meeting with Cabinet Secretary.pdf

File type

2 page PDF

File size

76.3 kB