Scottish Artificial Intelligence (AI) register, National Strategy for Economic Transformation and the Hate Hurts video: FOI release

Information requested

1. All discussions and analysis written by the Scottish Government about the decision to become the first part of the UK to make it mandatory to register any use of Artificial Intelligence (AI) within the public sector.
-The full cost of creating the Scottish AI register, with full breakdown of this.

2. All discussions and correspondence between the Scottish and UK Government, including internal correspondence. about the creation of a Scottish AI register, from between October 1 2023 and the date of this FOI.

3. All correspondence sent and received by the Scottish Government, including internally, all briefing notes, and minutes/notes from meetings, held about the National Strategy for Economic Transformation, from between October 1 2023 and the date of this FOI.

4. Could you supply all of the analysis about the National Strategy for Economic Transformation written in the last six months, and also any risk assessments/registers written for this in the last year?

5. Could you supply whether a "fit and proper person analysis" was undertaken on Linsay Taylor before she was chosen to front a Hate Hurts video for Safer Scotland ahead of the hate crime bill?
-Could you supply this analysis? If this wasn't done why not? And can you provide all the documents setting her up for the role/suggesting her for the role?

6. All correspondence sent and received by the Scottish Government, including internally, all briefing notes, and minutes/notes from meetings, about/mentioning Linsay Taylor, from between December 1 2023 and the date of this FOI?

Response

I enclose a copy of most of the information you requested.

Question 1

The answer to your question is -

There have been no Scottish Government discussions or internal correspondence, about becoming the first part of the UK to mandate the registration of AI use in the public sector. Instead the delivery of this product has been part of a long term strategy focused on delivering AI which is trustworthy, ethical and inclusive for the people of Scotland.

In March 2021 we made a public commitment to deliver the Register in the second year of the Scottish AI Strategy. The recent announcement of the mandate reflects our increasing awareness of the potential impact of AI on Scottish citizens, coupled with a desire to put Scotland at the front of open and transparent government use of AI.

The Register is built and maintained by Finnish company Saidot, who successfully retained the contract to deliver the product following their role in the CivTech challenge process which designed the first iteration. We are now working closely with Saidot to consider additions to the Register which will help us encourage public trust and become a home for public sector best practice in the design and delivery of AI products.

The Scottish AI Register is now being developed to also become the home for the monitoring and recording of Data Science product delivery within the Scottish Government. It will also provide a Library of AI Risks, Policies and technical information, to all public sector users who are considering making use of AI. The tool has become more than just a register of use, and is growing into a resource to help ensure public sector AI is delivered in a cost effective, safe and considered manner.

The cost of this service has been as follows –
CivTech Challenge Cost – £236,989.17
Contract Cost – £ 97, 320.00

The delivery of the Register was initially planned through CivTech 6 Challenge 2, so the original Challenge costs covered the full Exploration, Design and Delivery phase of developing the concept and the tool. The Contract cost is the value paid to date, by the Scottish Government, to manage, develop and maintain the Register site and infrastructure.

Question 2

The answer to your question is -

There were no discussions between The Scottish and UK Governments relating to the creation of the Scottish AI Register during the period which you have specified.

Question 3

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. The reason for this is that to locate and retrieve that information we would need to conduct a search of all of the records of the Scottish Government. It may help if I explain that we file our information according to the subject matter.

Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12. Unfortunately, question 3 returns thousands of documents which would require review, and consideration as to whether 1) these are actually in scope of your request and 2) any redactions to in scope documents required.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could significantly reduce the time window of the request, or request information about specific policies within NSET. If you do choose to make a new, narrower request, I would kindly ask that you please make this request a modified version of Question 3 only, and do not include additional requests for information. This would greatly assist our ability to provide you with the requested information.

You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

Question 4

The answer to your question is -

Please find attached (202400408520 - NSET Document Bundle - Final - Redacted) a copy of the National Strategy for Economic Transformation (NSET) Risk Register along with copies of any documents/correspondence regarding the NSET risk register, NSET risk assessment and NSET analysis.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information requested due to:

• An exemption under section 38(1)(b) of FOISA applies to some of the information requested as it is personal data of a third party.
• An exemption under section 29(1)(a) of FOISA applies to some of the information requested as it relates to the formulation or development of Scottish Government policy.
• An exemption under section 29(1)(d) of FOISA applies to some of the information as it relates to the operation of a ministerial private office.
• An exemption under 30(b) and (c) of FOISA applies to some of the information requested as it relates to free and frank advice and exchange of views.

Information falling under these exemptions has been redacted in the attached documents and marked accordingly.

Question 5

The answer to your question is -

Linsay Taylor was identified in 2019 as one of two supporting participants for public awareness activity on the subject of hate crime, which the Scottish Government is determined to tackle in all its forms.

There are no documents relating to Ms Taylor being suggested or set up for this role; the decision was largely informed by the established working relationship that the Scottish Government held with the Muslim Council of Scotland.

In March 2020 Ms Taylor took part in the filming of a video discussing her direct experience as a victim of Islamophobic hate crime. This video was used at the time in support of a previous iteration of a hate crime campaign and retained on the website as part of the 2024 ‘Hate Hurts’ marketing campaign to demonstrate the traumatic impact that such crimes can have on their victims.

Ms Taylor agreed that the video of her personal experience could continue to be displayed on the campaign website prior to the launch of the ‘Hate Hurts’ campaign due to its continued relevance.

Question 6

I enclose, as attachment entitled "202400408520 - Q6 - Redacted Documents" - a copy of most of the information you requested.

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 section 30(b)(ii) free and frank exchange of views, section 28 relations within the United Kingdom, section 38 (1)(b) personal information, section 36(1) claim to confidentiality of communications of FOISA apply. The reasons why these exemptions apply are explained below.

REASONS FOR NOT PROVIDING INFORMATION

Exemptions apply

Section 38(1)(b) – personal information

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount 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.

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

An exemption under Section 30 (b) (ii) of FOISA (the free and frank exchange of views for the purposes of deliberation) applies to some 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, there is a greater public interest in allowing Ministers and officials a private space, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy 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 policy making process, which would not be in the public interest.

Section 36 (1) claim to confidentiality of communications

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under section 36(1) (confidentiality) applies to some of the information. This is because this information is subject to legal professional privilege - specifically legal advice 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 a legal adviser and their client.

Section 28 – relations within the United Kingdom

An exemption under Section 28 of FOISA (where disclosure would, or would be likely to, prejudice substantially relations between administrations in the UK) applies to a small amount of information requested.

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 not prejudicing substantially relations between administrations in the UK, in this case UK Government and Scottish Government.

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 202400408520 - Information released - Attachments 1 & 2

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