Publication - FOI/EIR release

Internal communications in relation to the freedom of information response 18/02446: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Internal communications in relation to the freedom of information response 18/02446: FOI release
FOI reference: FOI/18/03170
Date received: 30 October 2018
Date responded: 23 November 2018
 
Information requested
 
You asked for any correspondence (emails, letters, phone calls, handwritten notes or any other documents) between the lead official on FOI request 18/02446 and/or Scottish Government ministers and/or the SG FOI Unit and/or special advisers regarding the response to that FOI request. Information should include: a detailed timeline (with dates) of when the lead official contacted ministers/special advisers (and vice versa); any notes or comments or suggestions offered by ministers or special advisers to the lead official; any input from the SG FOI Unit; any advice or comments from ministers/spads rejected by the lead official; any advice or comments from ministers/spads accepted by the lead official; any correspondence (as defined previously) on the use of exemptions; any correspondence (as defined previously) on material to be redacted; any information on delays to the FOI response; any information on who received the FOI to clear, when they responded and what they said; and any information on delays to the FOI response.
 
Response
 
I enclose a copy of most of the information you requested in the format you asked for. 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 of exemptions under section 38(1)(a) and (b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below.
 

Most of the information is provided alongside this letter but, as requested, I also include a timeline of action in relation to FoI/18/02446 below.

Date(s)

Action

12 September 2018

FoI/18/02446 received and registered internally by the Scottish Government.

12 September 2018 – 26 September 2018

Relevant information collated by the lead official.

26 September 2018

Lead official provides proposed response and release to Special Advisers for comment.

2 October 2018

Special Advisers confirm to the lead official that they have no comment to make.

4 October 2018

Lead official provides proposed response and release to the Deputy First Minister for comment.

5 October 2018

The Deputy First Minister confirms to the lead official that he has no comment to make.

9 October 2018

Response issued to the requester.

 
Reasons for not providing information
 

An exemption applies.

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 Scottish Government officials, and 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.

In addition, an exemption under section 38(1)(a) of FOISA (personal information) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation and 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.

About FOI

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

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 


The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG