A copy of information or briefing notes provided to the Cabinet Secretary for Education and Skills in order to answer S6T-00784 asked by Willie Rennie MSP in the Chamber on 14th June 2022.
I can confirm that the Scottish Government holds information falling within the scope of your request. These are provided within the attached Annex.
Exemptions under section 38(1)(b) (personal information) and section 30(b)(i) (the free and frank exchange of views for the purposes of deliberation and advice) of FOISA apply to some of the information you have requested.
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. 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.
An exemption under section 30(b)(ii) of FOISA(the free and frank exchange of views for the purposes of deliberation and advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views.
The exemption at 30(b)(i) (free and frank exchange of views for the purposes of deliberation and advice) is a qualified exemption, which means it is subject to the public interest test. We have considered carefully whether the public interest lies in maintaining the exemptions or releasing the information. However, there is also a public interest in ensuring that officials and Ministers are able to engage in free and frank discussions that inform high quality policy development. Release of the exempt information would be likely to inhibit such free and frank discussions and result in less informed decision-making regarding this and other related key policy initiatives. On balance, we consider that the public interest test falls in favour of maintaining the exemptions.
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.
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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