Analysis and correspondence regarding subject choice in the senior phase of Curriculum for Excellence: FOI release

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

Information requested

In your request you asked for:

Any analysis done (including any briefings produced in relation to this analysis, and any internal Scottish Government communications regarding this analysis) regarding subject choice in the  senior phase of Curriculum for Excellence. I would like this information from 01 September 2019 to 01 September 2020.


I enclose 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 an exemption applies under:

Section 27(1) (information intended for future publication)
Section 38(1) (Personal data)
Section 25 (1) of FOISA (Information already publicly available)

An exemption under section 27(1) of FOISA applies to Enclosure 1.

Under section 27(1) of FOISA, we do not have to give you information which is intended for future publication, in this case the Young People in Scotland Survey 2019 because we intend to publish that information by 15 December 2020. We consider that it is reasonable to withhold the information until that date, rather than release this information before the planned publication date. We will notify you when it is published and send you a link to the published document.

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 some public interest in release however, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned.

An exemption under section 38(1) (b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names/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/202000089957 - Information Released


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

The Scottish Government
St Andrews House
Regent Road

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