Correspondence between the Scottish Government and Elon Musk: FOI release

Information requested

• Any emails sent by Scottish government special advisers which mention Elon Musk between January 1st and today, January 7th.
• Any emails sent by Scottish government media officers (press officers) which mention Elon Musk between January 1st and today, January 7th.
• Any emails sent by, or on behalf of, Scottish government ministers which mention Elon Musk between January 1st and January 7th.

Response

I enclose a copy of the information you requested in the attached Annex.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under sections 38(1)(b) personal data of a third party, 30(b)(i) free and frank provision of advice, and 32(1)(a)(i) relations between the UK and any other state, of FOISA applies to that information. The reasons why these exemptions are use are listed below:

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie individual's names and contact details 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.

An exemption under sections 30(b)(i) of FOISA (free and frank advice) apply to some the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice from officials before reaching the settled public position which will be given in whatever final Parliamentary Question answers are used. Disclosing the content of free and frank briefing material on PQ's will substantially inhibit such briefing in the future.

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 a private space within which officials can provide free and frank advice to Ministers in briefings for PQ answers. It is clearly in the public interest that Ministers can properly answer PQs and provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. 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.

An exemption under section 32(1)(a)(i) of FOISA (international relations) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the United Kingdom and the United States of America. The effective conduct of international relations depends upon maintaining trust and confidence between the UK Government and United States of America. If the Scottish Government does not respect this confidence, the UK Government’s relations with other States and its ability to protect and promote UK interests will be substantially prejudiced. States, such as the United States of America, are likely to be more reluctant to share sensitive information, with Scotland or other parts of the United Kingdom in future, which would reduce both the frequency and openness of communications with the UK.

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 the United States of America, in order to protect and promote UK interests abroad. There can be no public interest in jeopardising those relations by the Scottish Government disclosing confidential information.

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 202500446991 -Information Released - Annex

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