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Information request and response under the Freedom of Information (Scotland) Act 2002.
FOI reference: FOI/18/02298 Date received: 27 August 2018 Date responded: 20 September 2018
Any correspondence between the First Minister or the Permanent Secretary with former Special Advisor Noel Dolan regarding the investigation into alleged misconduct by former First Minister Alex Salmond. This should include, email, letter and through any electronic device and app including text, whatsapp, snap chat etc.
By reference to section 18(1) of FOISA we cannot confirm or deny whether any information is held. We are applying section 18(1) in conjunction with section 35(1)(c) (information exempt if disclosure would, or would be likely to prejudice substantially the administration of justice) and section 38(1)(b) (personal data).
The exemption in section 35(1)(c) is subject to the public interest test. We have viewed the public interest test to be the balance between the need to be open and transparent in our decision making and ensuring that we do not prejudice substantially the administration of justice. In that regard we cannot confirm or deny if any such information exists and we have concluded that the balance favours adopting that approach.
The exemption in section 38(1)(b) is not subject to the public interest test but we have applied the public interest as required by section 18 and have concluded that to reveal whether the information exists or not would be contrary to the public interest.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at FOI Responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House