- 20 Jun 2018
FOI reference: FOI/18/01465
Date received: 22 May 2018
Date responded: 19 June 2018
All minutes and notes relating to the meeting between the First Minister and Skuli Mogensen (WOW Air) which took place on 13th October 2017.
I enclose a copy of all of the information you requested.
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) S38(1)(b)(personal information), S33(1)(b) (commercial interest) and S36(2) (actionable breach of confidence) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
Reasons for not providing information
An exemption applies.
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. 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 under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained from WOW Air, and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the organisation who provided the information. 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.
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of WOW Air. Disclosing this information would be likely to give WOW Air's competitors an advantage in future tendering exercises, which would substantially prejudice WOW Air's ability to submit competitive tenders and so could significantly harm their commercial business.
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 and transparent government. However, there is a greater public interest in protecting the commercial interests of companies and ensuring fair competition in such tendering processes in order to avoid putting winning bidders at a disadvantage against its competitors. Companies would be reluctant to supply such information to the Scottish Government if the information were to be released into the public domain with the result of causing real, significant and substantial prejudice to their ability to compete against other companies, about whom similar information is not in the public domain.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House