Working group to establish a legal definition of sectarianism: FOI release

An exemption applies

1.   Exemptions under section 38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies because it is personal data relating to an identified or identifiable natural person, such as the names (or other identifying information) of officials and other natural persons. Disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation 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.

 

2.   Exemptions under section s.36. (1)Confidentiality in legal proceedings of FOISA applies to some of the information you have requested. 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 an open and transparent government and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly constructed implementation of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

 

3.   Exemptions under section s.29(1)(a)Formulation or development of Scottish Government Policy of FOISA applies to some of the information you have requested.
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 an open and transparent government and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly constructed implementation of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

 

4.   Exemptions under section 30(b)(ii) of FOISA (free and frank exchange of views for the purpose of deliberation) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final Parliamentary Question answers and press lines are used.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for Parliamentary Question answers, press lines and lines to take. It is clearly in the public interest that Ministers can properly answer Parliamentary Questions, provide sound information to Parliament (to which they are accountable) and robustly defend the Government's policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.