Information regarding handling of Freedom of Information response 202400443239: FOI release

Information requested

1) On page 15 Ashleigh Gray emails someone whose name is redacted. Given that the information in the email clearly indicates that the person Ms Gray emailed is Leslie Evans, former permanent secretary to the Scottish Government, why did the Scottish Government redact Ms Evan's name in the email given that she was the former permanent secretary to the Scottish Government, and her name has not been redacted in previous email chain FOI releases?

2) I request all redacted information in the email to be unredacted.

3) Why did Ms Gray email Leslie Evans who was no longer a Scottish Government employee, under the subject title "personal" using an official Scottish Government email address?

4) I request all communications regarding the decision to redact Leslie Evans name from page 15 of FOI 202400443239.

Response

In relation to your first request, this information was redacted in error. The information that you have requested is enclosed.

In relation to your second request, some of the information that you have requested is enclosed.

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 section 38(1)(b) (Personal information) of FOISA applies to that information.

This exemption applies to some of the information requested because it is personal data of a third party, ie email addresses, names, phone numbers etc., 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.

In relation to your third request, the Scottish Government maintains a duty of care to its staff, including former staff. It was considered appropriate to inform Ms Evans of this information.

In relation to your fourth request, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have asked for.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Having conducted appropriate and proportionate searches for information in line with your request, the Scottish Government holds no recorded information within the scope of your request.

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 202500453205 - Information Released - Annex

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