Decision extending the BT contract for Disclosure Scotland IT system: FOI release

1.  The decision to obtain a new BT contract, to replace the one which ended on 30 September 2018, was taken on 21 August 2018.  The relevant documents are attached to the email covering this reply.

 

Document 1 – email to Ministers dated 20 August 2018

An exemption applies.

In the minute to Ministers dated 20 August 2018, some information has been redacted by the exemption at section 38(1)(b) of FoISA, the personal data of a third party, as disclosing the personal data would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations.  This exemption is not subject to a public interest test. 

 

Document 2 – Minute to Ministers dated 20 August 2018.

An exemption applies.

In the minute to Ministers dated 20 August 2018, some information has been redacted by the exemption at section 38(1)(b) of FoISA, the personal data of a third party, as disclosing the personal data would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations. This exemption is not subject to a public interest test.

 

An exemption applies, subject to the public interest test.

In this minute, information has been redacted under the exemption at section 30(c), the effective conduct of public affairs. This is the ability of Scottish Ministers and their officials to deliver Ministers’ functions in relation to the disclosure regime in Scotland which supports employers’ recruitment practice, and prevents unsuitable individuals doing regulated work with vulnerable groups.

 

The disclosure regime in Scotland is at a crossroads with incremental and developmental work now in progress to move it from a mainly paper based to an online system. Given the proximity of the information requested to that work, we believe its success could be put in jeopardy.

 

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. We have, however, considered the public interest in disclosing the redacted information, and on balance, the public interest lies in favour of upholding the exemption. 

 

Document 3 – email from the Deputy First Minister dated 21 August 2018.

An exemption applies.

In the email from the Deputy First Minister of 21 August 2018, some information has been redacted by the exemption at section 38(1)(b) of FoISA, the personal data of a third party, as disclosing the personal data would contravene the data protection principles in Article 5(1) of the General Data Protection Regulations. This exemption is not subject to a public interest test. 

An exemption applies, subject to the public interest test.

In that same email, some information has been redacted under the exemption at section 30(b)(i)of FoISA, free and frank provision of advice. The text has been redacted as it would be likely to inhibit substantially the free and frank provision of advice were it released. 

 

This exemption is subject to the ‘public interest test’. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. We have, however, considered the public interest in disclosing the redacted information, and on balance, the public interest lies in favour of upholding the exemption. 

 

2. The decision was taken by the Accountable Officer, Lorna Gibbs, with Ministerial sign off.