International Cycling Union Cycling Championship correspondence: FOI release

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


Information requested

A copy of all correspondence between the Scottish Government and Scottish Enterprise regarding the 2023 UCI Cycling Championships.

Response

I attach a copy of some of the information you requested in pdf.

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 of exemptions under sections 30(b) and 30(c) (Prejudice to effective conduct of pubic affairs), section 33(b) (commercial interest and the economy) and section 38(1)(b) (Personal Information) of FOISA all apply to that information.

Exemptions under section 30(b)(i) and (ii) of FOISA (free and frank provision of advice and deliberation) apply to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. This exemption is subject to the 'public interest test.’ Therefore, taking into account 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 recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. We have found that, on balance, the public interest lies in favour of upholding the exemption because disclosing of this particular information would, or would be likely to, restrain, decrease or suppress the freedom with which opinions or options are expressed. Only with that private space can good policy be made with honest collaboration from all partners. Not having this space could undermine the quality of policy developed and the decision making process, leading to a reduction in the comprehensiveness and frankness of provision of advice in the future. This would not be in the public interest.

Exemptions under section 30(c) of FOISA (prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs ) apply to some of the information you have requested. Disclosing this information would substantially prejudice our ability to have secure lines of communication for virtual meetings by providing dial-in details for these. This exemption is subject to the 'public interest test'. Therefore, taking into account 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 think that there is very limited public interest in the dial-in details for meetings being released. We have found that, on balance, the public interest lies in favour of upholding the exemption as there is significant public interest in officials having secure lines of communication in order to be able to do our jobs effectively.

Exemptions under section 33(1)(b) and 33(2)(b) of FOISA (Commercial interests and the economy) apply to some of the information you have requested. These exemptions are subject to the 'public interest test.’ Therefore, taking into account 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 recognise that there is a public interest in disclosing this information as part of open and transparent government, and to help account for the expenditure of public money. We have found that, on balance, the public interest lies in favour of upholding the exemption because disclosing this particular information would, or would be likely to, prejudice substantially the commercial interests of a person (including, without prejudice to that generality, a Scottish public authority) with a commercial interest in the delivery of the Cycling World Championships and / or associated projects and substantially prejudice the financial interests of the Scottish Government. Disclosing information about the approach to commercial decision making and procurement, and details of the assurance assessment of the project, could substantially prejudice our ability to obtain value for money, especially while preparations for delivery are ongoing.


Exemptions under section 38(1)(b) of FOISA apply to some of the information you have requested because it covers personal data of a third party, ie names and 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 http://www.gov.scot/foi-responses.

FOI 202200310370 - Information released

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

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