Scottish National Standardised Assessments national level report and associated documentation: FOI release

FOI reference: FOI/18/02478
Date received: 13 September 2018
Date responded: 11 October 2018

 

 

 

1. This is a formal notice under section 17(1) of FOISA that, at the time you submitted the request, the Scottish Government did not have the information you have requested. We do, however, now hold the information and our intention is to publish the national level report within 12 weeks. We did have some associated documentation at the time you submitted your request and that is attached.

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.

 

Previously published FOI responses contain some of the information you have requested. These can be found by following the links below:

 

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

 

 

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 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