Correspondence regarding Institute for Fiscal Studies: FOI release
- Published
- 28 January 2025
- Topic
- Money and tax, Public sector
- FOI reference
- FOI/202400437469
- Date received
- 22 October 2024
- Date responded
- 19 November 2024
Information request and response under the Freedom of Information (Scotland) Act 2002.
Information requested
All documentation held, including correspondence sent and received (including internal), briefings, minutes/notes from meetings, policy analysis, to/from Institute for Fiscal Studies or about this organisation, from the last three months.
Response
I enclose a copy of some of the information you requested.
An exemption under section (section 38(1)(b) (Personal data relating to third party) of FOISA applies to all of the information you have requested, with the result that individuals' names and email addresses have been redacted from the emails released. Personal data is exempt from disclosure if disclosure would contravene any of the data protection principles in Article 5(1) of the UK GDPR and in section 34(1) of the DPA 2018. 50. The exemption is absolute, so it is not subject to the public interest test in section 2(1) of FOISA (see section 2(2)(e)(ii) of FOISA.)
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.
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 s.29(1)(a) Formulation or development of Scottish Government policy and s.30(b)(i) Free and frank provision of advice of FOISA apply to that information. The exemptions recognise the need for Ministers to have a private space within which to seek advice and formulate policy. Disclosing the content of the material would inhibit such conversations in the future, particularly because discussions are still ongoing and final decisions have not been taken.
These exemptions are 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 because 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 the space formulate policy and give free and frank advice. It is clearly in the public interest that Ministers receive full and candid advice from officials to enable them to make informed decisions. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.
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 s.30(b)(ii) Free and frank exchange of views of FOISA applies to that information. 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. Whilst we recognise that there is some public interest in release, this is outweighed by the public interest in not disclosing communications relating to a specific individual’s personal circumstances.
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.
- File type
- File size
- 773.9 kB
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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