- 10 Sep 2018
FOI reference: FOI/18/02203
Date received: 13 August 2018
Date responded: 10 September 2018
“All correspondence to and from the FoI SpAds PO email account/mailbox in relation to Yammer for the last 12 months. Please include all such correspondence that can be released under FOI rules up to and including today’s date, along with the content of attachments in these emails.”
I enclose a copy of some 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 exemptions under sections s.25(1), s.30(b)(i) and 38(1)(b) of FOISA applies to that information. The reasons why those exemptions apply are explained below.
Reasons for not providing information
Under Section 25(1) of FOISA, we do not have to give you information which is already reasonably available to you. The response to FOI/18/01639 was published previously and can be found at the following web link.
If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the 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 s.30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future. 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.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House