Minutes of the Scottish Screening Committee since 2017: FOI release

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


Information requested

 

You asked for minutes of the Scottish Screening Committee since any meetings held in 2017.

 

Response

 

1. I enclose a copy of most of the information you requested.

2. 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 s.38(1)(b) (personal information), and s.29(1)(a) (policy formulation), of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

 

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, i.e. it contains names of individuals under the level of Senior Civil Servant or equivalent, 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.

An exemption applies, subject to the public interest test.

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on breast screening.

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, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development 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. Their candour in doing so will be affected by their assessment of whether the discussions on breast screening will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

 

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.

foi-19-00903 Minutes requested

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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