- 7 May 2019
Date received: 3 Apr 2019
Date responded: 1 May 2019
All email correspondence to and from the Accountant in Bankruptcy in relation to Healthcare Environmental Services between December and 3 April 2019.
I enclose a copy of some of the information you requested.
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 sections 29 (formulation of Scottish Administration policy etc.), 30 (prejudice to effective conduct of public affairs), 36 (confidentiality) and 38(1)(b) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex below
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies
1. An exemption under section 29(1)(b) of FOISA applies to some of the information you have requested. Section 29 confirms ‘information held by the Scottish Administration is exempt information if it relates to Ministerial communications.’
The email exchanges which we have not released in response to your request include communications with the Minister and his private office.
2. An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested. Section 30 confirms ‘information is exempt information if its disclosure under this Act would, or would be likely to, inhibit substantially the free and frank provision of advice.’
The email exchanges which we have not released in response to your request include communications between government agencies seeking and providing the frank provision of advice.
3. An exemption under section 36(2)(b) of FOISA applies to some of the information you have requested. Section 36 confirms ‘information is exempt information if its disclosure by the authority so obtaining it to the public (otherwise than under this Act) would constitute a breach of confidence actionable by that person or any other person.’
The email exchanges which we have not released in response to your request include communications referring to an individual member of the public’s claim.
4. An exemption under section 38(1)(b) of FOISA applies. Releasing the personal data of the individuals involved in these email exchanges would, in accordance with section 38(2)(a), contravene section 35(2)(b) of the Data Protection Act 2018, the first data protection principle, as the processing of personal data is not necessary to answer this request.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House