Communication regarding lawful bases for processing subject’s information: FOI review

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

Information requested

Your request, reference 202100218162
I would like to narrow the scope to number 3 on my list; “please provide ALL communications, incl. records relating to communications, ie diary entires, notebook records etc., including but not limited to, agendas and minutes of meetings, minutes of telephone calls, agendas and minutes of WhatsApp communications, emails, minutes of discussions, agendas and minutes of virtual meetings eg. Zoom, Teams, Skype etc., between the Scottish Government, Police and ICO relating to:

3) lawful bases (including any changes to lawful bases) for processing subject’s information and/or processing information attributed to subject (allegations), whether accurate or not”, since January 2019.

Your request for review, reference 202100229207
I am aware of another FOI regarding iVPD with Police Scotland which states, “On Monday 15 July 2019, Police Scotland representatives attended the Scottish Government in Edinburgh for further information sharing discussions.” Within that FOI, the response indicated that the change to Public Task basis came into effect 22nd June 2020.

I believe there would be some sort of record/information of communications, minutes etc for the meeting 15th July 2019 between Scottish Government and Police Scotland representatives regarding the change to Public Task, which subsequently followed.


Further to my letter of 9 August, I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of the response Communications between the Scottish Government, Police and ICO relating to lawful bases for processing subject’s information.

I have concluded that the original decision should be confirmed, with modification, following your request for a review. I have checked the searches carried out by Ryan Paterson who provided the reply, and confirmed that these returned nothing in relation to your original request. However, I have found a copy of minutes from a conference that appears to be the one referred to in your subsequent request. It was not a meeting between Police Scotland and the Scottish Government so did not fall into the scope of your original request, and did not take place in a Scottish Government building as Police Scotland imply in their response to you but it does seem to be the document referred to and has been released on a number of occasions in response to FOI requests that are similar to yours. It may be available on the Scottish Government website already, but I have attached it as an annex to this reply for convenience. Other than this document there does not appear to be anything recording any discussions; the Scottish Government does not get involved in that level of detail with the operational practice of Police Scotland.

Please see Annex A for a redacted version (names of attendees below certain grades and for certain organisations have been removed).

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FOI202100229207 - Annex A


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

The Scottish Government
St Andrews House
Regent Road

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