Communications from First Minister's office with various organisations: FOI release

Information requested

Any communications involving both the current and former First Minister's office which included or referred to:

• Chinese secret police
• Glasgow Chinese Recreation Centre
• Loon Fung
• Sichuan House
• Scottish Fujian Chamber of Commerce

Response

I attach a copy of some of the information you have requested. Where possible I have grouped them together. Where an exemption(s) has been applied I have highlighted that below the request.

Item 1: Chinese secret police

I have enclosed a copy of an email where multiple questions on Chinese secret police and Chinese Police Station were answered under Scottish Parliamentary Questions (SPQ) PQ S6W-12089 to S6W- 12098, with further SPQ(s) also answered S6W-12173 and S6W-11685.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

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 exemptions under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

A further exemption under section 30(b)(i) FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position which will be given in whatever final SPQ answer(s) used. Disclosing the content of free and frank briefing material on will substantially inhibit such briefing in the future, particularly because these discussions relate to a sensitive issue.

This exemptions is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide free and frank advice and views to Ministers in briefing for SPQ answer(s).

Item 2: Glasgow Chinese Recreation Centre

I attach an email to the First Minister with a official reply dated 25 March 2021.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

Item 3: Loon Fung

I attach a briefing for an event held on 15 September 2011 attended by the Former First Minister where he addressed 130 plus guests.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

Item 4: Loon Fung

I attach an invitation dated 13 October 2014 to the First Minister (when she was FM elect) to attend an event and her Private Office reply respectfully sending her apologies.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

Item 5: Loon Fung

I attach an invitation dated 9 January 2015 to the First Minister to attend an event and her Private Office reply respectfully sending her apologies.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

Item 6: Sichuan House and Scottish Fujian Chamber of Commerce

I attach an invitation dated 9 January 2019 to the First Minister to attend an event and her Private Office reply dated 22 January 2019 respectfully sending her apologies.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

Item 7: Glasgow Chinese Recreation Centre, Sichuan House and Scottish Fujian Chamber of Commerce

I attach an invitation dated the 19 December 2019 for the First Minister to attend an event and her Private Office reply dated 23 December 2019 respectfully sending her apologies.

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 to some of the information requested because it is personal data of a third party, (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 to this letter.

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FOI 202300337027 - Information released

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