Publication - FOI/EIR release

Staff information - Provision of Temporary and Interim Staff Services: FOI release

Published: 23 Apr 2019

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

Published:
23 Apr 2019
Staff information - Provision of Temporary and Interim Staff Services: FOI release
FOI reference: FOI/19/00975
Date received: 04/04/2019
Date responded: 17/04/2019
 
Information requested
 
You requested information listed at [a] to [e] for staff provided under the expired Framework Agreement named at [f]
[a] Framework Public Bodies Contracts Manager’s or Hiring Manager’s name;
[b] Job Role;
[c] Start Date;
[d] End Date;
[e] Pay Rate.
[f] Provision of Temporary and Interim Staff Services - Interim IT - National [Ref: SP-13-023] awarded 28 April 2015.
 
Response
 
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested because exemptions under section 38(1)(b), personal information and section 33(1)(b) commercial interests of FOISA applies to some of the information requested.
The reason why these exemptions apply are explained below.
Please find a list of all the other information requested.
 
REASONS FOR NOT PROVIDING INFORMATION
 
Section 38(1)(b) - personal information
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party 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.

Section 33(1)(b) - commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of individuals/company(ies) providing services. Some contracts are still current and commercially confidential. Disclosing this information would be likely to significantly harm their commercial business” and could cause reputational damage.
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. Although there is a public interest in being transparent with the public purse there is a stronger interest in the ability to procure and ensure that the Scottish Government can gain best value contracts consistently. We have found that, on balance, the public interest lies in favour of upholding 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