HM Inspector of Anatomy for Scotland investigation to Dundee University: FOI release

Information requested

All information held by the Scottish Government – including the HM Inspector of Anatomy for Scotland – about the incident where a University of Dundee student posted video footage to social media that prompted an investigation by HMIAS in 2022.

Please include all communication, both internal and external, relating to the incident and the HMIAS, including (but not limited to) all emails, minutes of meeting and conversations, messages (text/whatsapp), notes, reports and evidence gathered.

Response

I enclose a copy of some of the information you requested. This is provided in the annex. HM Inspector for Anatomy is an independent data controller. The information set out in the annex is information that is held by the Scottish Government. It is possible that HM Inspector of Anatomy will have some additional information that the Scottish Government does not hold. If you wish to raise a further FoI for any additional information held by the Inspector, you can do so by contacting: anatomy@gov.scot

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 exemptions under sections 30(b)(ii) (prejudice to effective conduct of public affairs, s.36(1) (confidentiality) and s.38(1)(b) (personal information) of FOISA apply to the information.

Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) 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 for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding 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. However, on this occasion, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s position. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 36(1) – legal advice

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Section 38(1)(b) – applicant has asked for personal data of a third party

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. 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 202300368952 - Information Released - Annex

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19 page PDF

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315.9 kB