- 18 Nov 2019
Date received: 17 Oct 2019
Date responded: 14 Nov 2019
You asked for: The contents of any emails or letters to Nicola Sturgeon (including emails to either the First Minister or SNP account) in 2019 on the topic of riots at marches / parades in Glasgow.
I attach a copy 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 38(1)(b) of FOISA (personal information) and section 30(b)(i) of FOISA (free and frank provision of advice) of FOISA apply to some of the information you have requested. The reasons why this exemption applies are explained in the Annex to this letter.
The information provided is all correspondence, emails and letters from members of the public relating to the request.
Annex - Reasons for not providing information
Exemptions apply under section 38(1)(b) (personal information) and under section 30(b)(i) of FOISA (free and frank provision of advice) of FOISA to some of the information you have requested.
Section 38(1)(b) of FOISA:
- This exemption relates to personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation.
- 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 30(b)(i) of FOISA:
- This exemption applies because disclosure would, or would be likely to; inhibit substantially the free and frank provision of advice and views.
- This exemption recognises the need for officials to have a private space within which to provide free and frank advice/views to Ministers on key discussion points in pre-meeting briefings. Disclosing the content of free and frank advice on such key points will substantially inhibit the provision of such advice in the future, particularly when these discussions relate to a policy matter, such as introducing legislation which is still on-going and where decisions have not been taken.
- 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. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers, before they meet stakeholders.
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