- 14 Sep 2020
Date received: 21 Jul 2020
Date responded: 18 Aug 2020
Letters or emails from members of the public sent to the Cabinet Secretary for Education & Skills John Swinney MSP, the Minister for Children and Young People, Maree Todd MSP, or the First Minister, Nicola Sturgeon MSP, on the subject of childcare provision. I would like this information from 30 June 2020 to 20 July 2020.
I enclose copies of most of the information you requested in Annex A.
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 s.38(1)(b) Personal information relating to a third party apply to that information. The reasons why these exemptions apply are explained at the end of this letter.
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies
An exemption under section s.38(1)(b) (Personal information relating to a third party) of FOISA applies to some of the information you have requested. “Personal data” is defined in section 3 of the DPA 2018 (and Article 4 of the GDPR) as any information relating to an identified or identifiable living individual, who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data or an online identifier, or, one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
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.
This exemption applies, for example, to the names and addresses of third party individuals, where that information is not already freely available in the public domain.
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