- 12 Oct 2018
Date received: 13 September 2018
Date responded: 11 October 2018
- The national level report on the SNSA and any associated documentation.
- Any other SNSA analysis provided to the Scottish government by ACER (timeframe: 01/08/2017 - present).
- Copies of all communication regarding the 'national level report' provided by ACER to the Scottish Government (timeframe: 01/02/2018 - present).
2. & 3. I also 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 38(1)(b) (personal information) and 33(1)(b) (commercial interests) of FOISA apply to that information. The reason why those exemptions apply are explained below.
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, ie names and contact details of individuals, and disclosing it would contravene the data protection principles in article 5(1) of the General Data Protection Regulation (GDPR) and in section 34(1) of the Data Protection Act 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.
Section 33(1)(b) – commercial interests.
An exemption under section 33(1)(b) of FOISA (commercial interests) also applies to some of the information you have requested. This exemption applies because disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation, in this case the contractor who has delivered the SNSA system. 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, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
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