- 28 Sep 2018
Date received: 29 August 2018
Date responded: 26 September 2018
I would like to request that the government release all material held in relation to this letter, including - but not limited to - drafts, communications regarding the letter, responses etc.
Section 38(1)(b) – applicant has asked for personal data of a third party.
An exemption under section 38(1) (b) of FOISA applies to some of the information you have requested. the information requested because it is personal data of a third party, ie Names and contact details of individual and disclosing it would contravene the data protection principles in article 5(1) of the General Data Protection Regulation (GDPR). 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.
Section 36(1) – legal advice.
An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.
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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.
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