Former Chief Financial Officer WhatsApp messages during Covid-19 pandemic: FOI release

Information requested

"The following individuals WhatsApp messages from the Covid 19 pandemic. Gordon Wales".

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 when Gordon Wales left the Scottish Government in July 2020.

Most of the information you have requested is available from the response to a previous Freedom of Information request provided to you on 18 September 2024 under reference 202400427872 “Alyson Stafford Director-General Scottish Exchequer What's App messages during the Covid 19 pandemic." Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. All FOI responses are published on the Scottish Government website and can be accessed at https://www.gov.scot/publications. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

In addition, Gordon Wales was a member of a group set up in relation to administrative arrangements, and I have enclosed a redacted copy of the WhatsApp messages for this period.

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 the following sections of

FOISA apply to that information:

• S.38(1)(b): personal data of third parties
• S.30(b)(ii): free and frank exchange of views for the purposes of deliberation

The reasons why these exemptions apply are explained below.

S.38(1)(b): personal data of third parties
An exemption under section S.38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies because the information contains personal information of a third party, including in relation to junior members of staff, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.

S.30(b)(ii): free and frank exchange of views for the purposes of deliberation
An exemption under section S.30(b)(ii) of FOISA applies to one part of the information you have requested, 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 officials to have a private space within which to provide free and frank exchange of views with other officials before the Scottish Government reaches a settled position.

The exemption under s.30(b) is subject to the ‘public interest test’. Taking account of all the circumstances of this case, we have therefore considered whether the public interest in disclosing the information outweighs the public interest in applying the exemptions. 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 officials a private space within which positions can be explored prior to providing formal advice. This ensures that all options can be properly considered, based on the best available advice, so that good decisions can be taken. Disclosure is likely to undermine the full and frank exchange of views between officials, which in turn will undermine the quality of their advice and the subsequent decision-making process, which would not be in the public interest.

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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 202400439454 - Information Released - Annex A

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FOI 202400439454 - Information Released - Annex B

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