Former First Minister and President of the Republic of Zambia meeting: FOI release

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


Information requested

A copy of the minutes from the meeting between the First Minister and Hakainde Hichilema, President of the Republic of Zambia, held on 9 May 2023.

Response

I enclose a copy of the meeting note. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information within this note because exemptions under sections 32(1)(a) (substantial prejudice to international relations) and 38(1)(b) (personal information) of FOISA apply to that information.

Section 32(1)(a) – International relations

An exemption under section 32(1)(a) of FOISA applies to some of the information requested because disclosure would, or would be likely to, prejudice substantially relations between the UK and the governments of other states. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and other states. In this case, disclosing information about Scottish Government engagement with Zambia would substantially prejudice relations between the UK and Zambia because there is a need to maintain confidential dialogue in order to ensure that future engagement can take place in a spirit of trust and openness.

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, there is a greater public interest in ensuring that the UK Government is able to maintain good relations with other states, in order to protect and promote UK interests. There can be no public interest in jeopardising those relations by the Scottish Government disclosing this information.

Section 38(1)(b) – Personal information

An exemption under section 38(1)(b) applies to some of the information requested because it is personal data of a third party (i.e. names/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 202400397881 - Information released - Attachment

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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