- 23 Apr 2020
Date received: 20 Mar 2020
Date responded: 22 Apr 2020
I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for
“… any and all correspondence, no matter how related, email (or any other electronic means), telephone records and letters sent and received by Marine Scotland in relation to a project titled "Wild Salmon Strategy" over the period 01 Jan 2019 to date.
Additionally please provide all correspondence (as previously defined) between Marine Scotland and the Atlantic Salmon Trust and Fisheries Management Scotland within the context of this project from 01 Jan 2019 to date”
I have concluded that the original decision should be confirmed with modifications.
In your request for review you expressed dissatisfaction in our application of exceptions under regulation 11(2), and regulation 10(4)(e). In conducting my review I have considered all of the information withheld under these exceptions afresh. I have addressed each in turn below.
I note your comments in your request for review in relation to the information previously withheld under regulation 11(2) (personal data). In conducting my review, I have re-examined all of the information previously withheld under this exception and in doing so I have determined that this exception would only apply to the personal data of more junior staff who have a higher expectation of privacy and not to instances where the personal data is that of more senior Scottish Government staff.
There are a number of documents (e-mail chains) released to you which contained personal information that was redacted for a number of persons, both within the Scottish Government at the level of Senior Civil Servant (SCS) and above as well as other individuals out-with the Scottish government whose details are freely available on their respective websites. I have looked at all the emails and have re-processed and redacted in line with guidance and these are attached.
I have therefore enclosed a further release of the documents which discloses personal data to which regulation 11(2) does not apply.
In addition, taking account of the points raised in your request for review, I have also reconsidered all of the information which was previously withheld under regulation 10(4)(e) (internal communications). While I am satisfied that this exception continues to apply to some information previously withheld for the reasons given in our initial response, I am however releasing some information as I have concluded that the public interest test was not applied correctly and that the public interest lies in favour of releasing additional documentation (redacted as required). The information consists of internal emails exchanges between Ministers and officials which have not been shared with any third party out-with the Scottish Government or agencies.
For information, I have redacted personal information by over writing with “[Redacted – Personal Details]”, I have redacted information which has been withheld under exception 10(4)(e) as “[Redacted – Internal Communications]”.
In addition where emails or information within e-mails is out of scope of the initial EIR request because the information you requested is held in exchanges which cover a range of topics,I have marked this as “[Redacted – e-mail out of scope]” or “[Redacted – out of scope]”.
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