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Communications from Aberdeen Royal Infirmary or NHS Grampian in relation to the incident declared on 29 November 2024: FOI release

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


Information requested

  • All communications from Aberdeen Royal Infirmary or NHS Grampian in relation to the incident declared on 29 November 2024 at ARI, between 28 November 2024 and 6 December 2024.
  • In particular, any information about whether NHS Grampian declared it was in need of support or assistance for the 'critical incident' mentioned above.

Response

I enclose a copy of some of the information you requested.

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.30(b)(ii) (free and frank exchange of views) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

REASONS FOR NOT PROVIDING INFORMATION

An exemption applies

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie, full name of officials 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 applies, subject to the public interest test

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. 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, in this case there is a greater public interest in allowing a private space within which Government officials and NHS stakeholders can discuss emerging incidents. This private space is essential to enable all details to be properly considered, so that an informed response can be made. Premature disclosure is likely to undermine the full and frank exchange of views between Government officials and NHS stakeholders, which in turn will undermine the response to emerging incidents, which would not be in the public interest.

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 202500459911 - Information Released - Annex

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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