Publication - FOI/EIR release

Correspondence relating to the Miscarriages of Justice Organisation (Scotland): FOI release

Published: 31 Oct 2019

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

Published:
31 Oct 2019
Correspondence relating to the Miscarriages of Justice Organisation (Scotland): FOI release
FOI reference: FOI/201900004799
Date received: 2 Oct 2019
Date responded: 30 Oct 2019
Information requested

Copies of all correspondence, including in electronic format, between the Scottish Government and Mr Billy McAllister, Mr Paul McLaughlin, Mr Colin Grant and Mr Gregor Smith, relating to Miscarriages of Justice Organisation (Scotland), in the period 1 April 2019 to date.

Response

Billy McAllister correspondence and Paul McLaughlin correspondence

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 exemptions under section 25 (information already accessible) and section 38(1)(b) (personal information) of FOISA applies to that information.

The reasons why these exemptions apply are explained in the Annex to this letter.

Colin Grant correspondence and Gregor Smith correspondence

I can advise that under section 17 of FOISA, there is no information to be released as the Scottish Government does not hold any information relevant to this request.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Billy McAllister correspondence and Paul McLaughlin correspondence

Exemptions apply

Some of the information you have requested is available from the Freedom of Information part of the Scottish Government website as it has been released through previous FoI requests. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

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, ie names/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.

Colin Grant correspondence and Gregor Smith correspondence

Section 17(1) of FOISA (information not held) requires the Scottish Government to notify you if it does not have the information you requested. The Scottish Government does not have the information you have asked for because there has been no correspondence between the SG and Colin Grant and/or Gregor Smith. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 Andrews House
Regent Road
Edinburgh
EH1 3DG