Publication - FOI/EIR release

FOI statistics and overdue responses: FOI release

Published: 22 February 2021
Directorate: Constitution Directorate
Part of: Constitution and democracy, Public sector
FOI reference: FOI/202000099262
Date received: 16 October 2020
Date responded: 12 November 2020

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

Information requested

Can you please provide all reports (or lists) provided by the government's central FOI unit to government ministers in the period from 1 September 2020 to date that (a) contain a list of overdue FOI requests (b) shows FOI response performance. Please provide all correspondence that was sent to Ministers along with the reports / lists.

Response

Attached is most of the information you have requested.

For the purposes of responding to this request I have assumed that 'FOI request' and ‘FOI response performance’ refers both to information we held in relation to FOISA and also the Environmental Information (Scotland) Regulations 2004 (EIRS).

Some of the information that is within the scope of your request is available here: https://www.gov.scot/publications/coronavirus-scotland-no-2-act-2020-second-report-scottish-ministers-responses-requests-information-under-freedom-information-scotland-act-2002/ responses-requests-information-under-freedom-information-scotland-act-2002/. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

Also an exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.

You may wish to note that we publish our FOI/EIR request and review performance monthly and is available at: https://www.gov.scot/publications/freedom-of-information-foi-reporting/.

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.