Publication - FOI/EIR release

Information relating to data sharing: FOI release

Published: 18 Jun 2021

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

Published:
18 Jun 2021
Information relating to data sharing: FOI release
FOI reference: FOI/202100205560
Date received: 23 May 2021
Date responded: 17 Jun 2021
Information requested

1, All correspondence, between the ICO, The Minister for Justice (including any Scottish Government officials), The Scottish Parliament, The Police Service of Scotland and the Scottish Police authority regarding the meeting held for the legitimate and lawful justification and evidence’s for High Risk data sharing to be changed from consent to public task.

2. Specifically, to provide all correspondence including but not limited to the exchange of letters emails/minutes of meeting, agenda’s and ministerial briefs (official sensitive information can be redacted) including telephone calls & records, conference calls & records, between the ICO, Police Service of Scotland, Scottish Government, Scottish Parliament and Scottish Police Authority relating to the meeting held on 16th July 2019.  

Response

In relation to your request for information on the meeting, pertaining to data held for the legitimate and lawful justification and evidence’s for high risk data sharing to be changed from consent to public task, that you believe to have taken place on 16 July 2019. I can confirm that this information is not held by the Scottish Government.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

However, following an extensive electronic records search, I have established that a meeting held, for the legitimate and lawful justification and evidence’s for high risk data sharing to be changed from consent to public task, took place on 15 July 2019. 

This meeting was led by the Scottish Government by means of a Multi-Agency Context Workshop at COSLA, Verity House, Edinburgh. Delegates included representatives from the Information Commissioner’s Office (ICO), The Police Service of Scotland, The Scottish Police Authority, Scottish Government and others. 

I attach a copy of some of the information you requested within the report of that meeting, which was held on Monday 15 July 2019.    

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) of FOISA (personal information) applies.

This is because some of the information is personal data of a third party, ie names 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. 

Furthermore, organisations in attendance at the meeting, external to Scottish Government, have been listed within Annex A of the report. In relation to the names and roles of these individuals out with the Scottish Government who attended this meeting, we have withheld this information under exemption s38(1)(b) of FOISA as it applies to that information. 

On 29 August 2021 a ministerial briefing document on the topic of this meeting was produced and you will find this attached. An exemption also applies to the names of the attendees listed because it is personal data of a third party and disclosing it would contravene the data protection principles. These names have been redacted under exemption s38(1)(b). 

Therefore, in relation to your request, the report from the meeting held on 15 July 2019 has been attached and contains the discussions and conclusions. A ministerial briefing on the subject has also been attached. Any further information relating to this meeting is not held by the Scottish Government.

Consequently, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested. 

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG