Publication - FOI/EIR release

Scottish Enterprise correspondence regarding Bookdonors: FOI release

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

Published:
14 Jan 2020
Scottish Enterprise correspondence regarding Bookdonors: FOI release
FOI reference: FOI/201900009442
Date received: 10 Dec 2019
Date responded: 13 Jan 2020
Information requested

You asked for all documents and correspondence between Scottish Enterprise and Scottish Government in relation to Bookdonors since March 2018.

Response

I enclose a copy of all of the information you requested, attached as PDFs.

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 of exemptions under sections 38(1) (a) (personal data relating to applicant), 38 (1) (b) (personal information relating to a third party), 29(1)(a) (Ministerial Communications), and 30(b)(i) (Substantial Inhibition of free and frank provision of advice) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption under section 38(1) (a) (personal data relating to applicant) of FOISA applies to some of the information you have requested. This section states that information is exempt from disclosure if it is the personal data of the person requesting the data. Any information that is personally identifiable is exempt from disclosure under FOISA, as the information is released in the public domain. If an individual would like personal information this should be requested under Article 15 on the GDPR.

An exemption under section 38(1) (b) (personal information relating to a third party) of FOISA applies to some of the information you have requested. This section states that information is exempt from disclosure if it is the personal data of a third party. Similar to above, disclosure under FOISA means the information is released in the public domain. As per GDPR, consent must be given to release personal information and therefore we would not be at liberty to disclose this personal information without receiving consent from all third parties.

An exemption under section 29(1)(a) (Ministerial Communications) of FOISA applies to some of the information you have requested. This section states that information is exempt from disclosure if it pertains to the formulation or development of government policy. This encapsulates the advice given to Scottish Ministers on specific policy decisions, where risks are identified and specific recommendations are offered.

An exemption under section 30 (b) (i) (Substantial Inhibition of free and frank provision of advice) of FOISA applies to some of the information you have requested. This section states that information is exempt from disclosure if it were to substantially inhibit the free and frank provision of advice and views/opinions. This section exempts the discussion of financial and political decisions made between officials and Scottish Ministers.

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