Deputy Director of Deposit Return Scheme WhatsApp messages during Covid-19 pandemic: FOI release

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


Information requested

David McPhee's WhatsApp messages from the Covid 19 pandemic.

Response

I have taken the period of your request to apply from 21 January 2020 when the World Health Organisation published its ‘Novel Coronavirus (2019-nCoV) Situation Report, up until 30 April 2022 when the then remaining Covid-19 restrictions were lifted in Scotland.

Please find the information requested attached at Annex A. Some of the information has been redacted:

  • Under Section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Some of the information you have requested has already been provided to you on the 29th October 2024, under our reference: 202400435307.
  • Under Section 29 (1) (a) of FOISA. The information has been withheld because it relates to the formulation or development of Scottish Government Policy. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this request, 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 in favour of open and transparent government. However, this is outweighed by the public interest in maintaining private space to discuss topics at preliminary stages of consideration.
  • Under Section 30(b) (ii) of FOISA. The information has been withheld because disclosure would, or would likely to, inhibit the free and frank exchange of views for the purposes of deliberation. The exemption recognises the need for officials to have a private space within which to openly discuss issues and options in order to reach a fully informed policy position. This exemption is also subject to the ‘public interest test’. Therefore, as before, we have considered the circumstances of this case, and found in favour of upholding the exemption. We consider that there is greater public interest in allowing private space within which policy options can be explored and refined as part of the decision-making process.
  • Under Section 38(1) (b) of FOISA. The information has been withheld because it is personal data. Personal data is defined in the Data Protection Act 2018 as information relating to an identified or identifiable living individual i.e. if a person could directly or indirectly be identified from the information it is personal data.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400436401 - Information Released - Annex A

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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