Communications with NHS boards concerning independent sector: FOI release

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

Information requested

Copies of written communication from the Scottish Government to health boards regarding independent sector activity. This would include but not be limited to communication informing NHS boards abo the national contract set up NSS when it was set up, funding allocations and other instructions to boards concerning the independent sector.


I have sent you a copy of most of the information you requested in a series of emails earlier today, as we discussed.
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 an exemption under section 38(1)(b) (personal information)of FOISA applies to that information. This exemption applies because the information 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI-202000014589 Information released (a)
FOI-202000014589 Information released (b)


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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