Cabinet Secretaries contact with Disclosure Scotland Executives regarding Transformation project: FOI release

All meetings and correspondence (emails, typed or handwritten notes, letters, phone calls, minutes of meetings, documents or otherwise) in the last six months involving John Swinney, or another Cabinet Secretary, and any of the following: the Chief Executive of Disclosure Scotland, Transformation Director of Disclosure Scotland, or other civil servants involved in the Disclosure Scotland Transformation project.

The Deputy First Minister and Cabinet Secretary for Education and Skills and the Minister for Children and Young People were advised on 20 August 2018 that a new contract with BT would be required to replace the one that was due to end on 30 September. Ministers agreed to the advice on 21 August 2018. The relevant documents attached cover this reply.

The Deputy First Minister and Cabinet Secretary for Education and Skills and the then Minister for Childcare and Early Years received a submission from the Chief Executive of Disclosure Scotland about the progress of the transformation programme on 25 June. A telephone conversation was held between the Deputy First Minister and the transformation programme director on 28 June 2018.  No notes were taken of  the conversation.

The Deputy First Minister and Cabinet Secretary for Education and Skills and the then Minister for Childcare and Early Years received a submission from the Chief Executive of Disclosure Scotland about the progress of the transformation programme on 11 June.

The 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.  

An exemption applies, subject to the public interest test.

In that same minute, some information has been redacted under the exemption at section 30(b)(i)of FoISA, free and frank provision 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. 

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 section30(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.   

Document 4 – email to Minister for Childcare and Early Years dated 25 June 2018.

An exemption applies.

In the email to the Minister for Childcare and Early Years dated 25 June 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 5 – minute to Minister for Childcare and Early Years dated 25 June 2018.

An exemption applies.

In the minute to the Minister for Childcare and Early Years dated 25 June 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.  

Document 6 – email from Minister for Children and Young People dated 25 June 2018.

An exemption applies.

In the email from the Minister for Children and Young People dated 28 June 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 7 – email from the Deputy First Minister dated 28 June 2018.

An exemption applies.

In the email to the Minister for Childcare and Early Years dated 25 June 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 8 – email to Minister for Childcare and Early Years dated 11 June 2018. 

An exemption applies.

In the email to the Minister for Childcare and Early Years dated 11 June 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 9  – minute to Minister for Childcare and Early Years dated 11 June 2018.

An exemption applies.

In the minute to the Minister for Childcare and Early Years dated 11 June 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. 

Lastly, some information has been redacted as being out of scope of the requests.