- 22 Oct 2019
Date received: 11 Sep 2019
Date responded: 4 Oct 2019
You asked to see all minutes if the SCIEG High Quality Care subgroup, chaired by Andy Malyon.
I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of the position in relation to the redaction of personal information.
I have concluded that it was correct that some of the information previously redacted was exempt from disclosure on the basis of 3rd party personal data under Section 38(1)(b) of FOISA. An exemption under section 38(1)(b) of FOISA (personal information) applies to information if disclosure 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.
However, some of the information redacted within the original response was already publically available and therefore should not have been redacted within the documents you were issued.
Please find attached a copy of the additional information contained within the documents appended to this letter.
You have asked if the Scottish Government has asked those who attended the meeting if the they were agreeable with their names being released within the minute of the meeting. It is good practice to consult indidvuals, when previously undisclosed personal information is considered for release. However, with the original response and this reply, no new personal information has been put into the public domain, and therefore individuals have not been contacted.
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