FOI and EIR requests: guidance on clearance processes: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/18/01646
Date received: 14 June 2018
Date responded: 11 July 2018

Information requested

In the Scottish Information Commissioner's Intervention Report into the Scottish Government (published 13/6/18) it is made clear that "Journalists, together with MSPs and political researchers, are expressly made subject to a different process for clearance than other requester groups."

1. On which date was the above mentioned "process for clearance" implemented?

2. Who approved the implementation of this process.

3. Any internal communications or other documents held by the government regarding the development and implementation of this process.


1. Guidance relating to the process of FOI clearance was produced by the FOI unit on 24 March 2015.

2. The Scottish Government does not hold any information regarding who approved the implementation of this process. FOI guidance is held on the Scottish Government's SharePoint site and the editing rights are managed by the FOI unit. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

3. The guidance page titled 'foi and eir requests – guidance on clearance processes' is held on the Scottish Government's SharePoint site and we have included the first iteration of that page in Annex A. We do not hold any further information regarding the development or implementation of this page.

An exemption under section 38(1)(b)(personal information) applies to a small amount of the information you have requested. This exemption applies because the information is personal data of a third party, and so it is subject to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the DPA 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

FOI-18-01646 - related documents.pdf


Please quote the FOI reference

Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road

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