- 23 Aug 2019
Date received: 14 Aug 2019
Date responded: 21 Aug 2019
I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:
1. All draft versions of the Interim Report published by the Independent Inquiry into Mental Health Services in Tayside which had sent to the Scottish Government before publication of the final document.
2. All communications between the Independent Inquiry into Mental Health Services in Tayside and the Scottish Government about these draft documents and the final document.
The information you have requested in point one is available from NHS Tayside, and is available on their website. You can find this information at: https://www.nhstaysidecdn.scot.nhs.uk/NHSTaysideWeb/idcplg?IdcService=GET_SECURE_FILE&dDocName=PROD_324197&Rendition=web&RevisionSelectionMethod=LatestReleased&noSaveAs=1. I can confirm that the Scottish Government does not hold any further versions of the Interim Report published by the Independent Inquiry into Mental Health Services in Tayside other than the ones published by NHS Tayside.
Furthermore, in relation to point two: “All communications between the Independent Inquiry into Mental Health Services in Tayside and the Scottish Government about these draft documents and the final document.” I have enclosed a copy of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide a small amount of the information you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained in the Annex to this letter.
Reasons for not providing information - Annex
An exemption applies
An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. because it is personal data of a third party, i.e. the names and contact details of individuals, 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.
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