Correspondence regarding Elon Musk and President Carter: FOI release

Information requested

The full email chain in Doc 007 of this released Scottish Government FOI, with the subject line RE: Note Verbale:

Correspondence between the Scottish Government and Elon Musk: FOI release (14 February 2025)

Microsoft Word - Annex - Redacted - Final - For release
https://www.gov.scot/binaries/content/documents/govscot/publications/foi-eir-release/2025/02/foi-202500446991/documents/foi-202500446991--information-released---annex/foi-202500446991--information-released---annex/govscot%3Adocument/FOI%2B202500446991%2B-Information%2BReleased%2B-%2BAnnex.pdf

Any email correspondence sent in 2025 to or by the Cabinet Secretary for Constitution, External Affairs and Culture or the First Minister containing the words “Jimmy Carter” or “President Carter”.

Response

Please find the information you requested attached in Annex A and Annex B. While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because an exemption(s) under sections 38(1)(b) - personal data of a third part and section 32(1)(a)(i) - relations between UK and any other state of FOISA applies to that information.

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 names of civil servants, 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 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 202500461668 - Information released - Annex A

File type

PDF

File size

105.9 kB

FOI 202500461668 - Information released - Annex B

File type

PDF

File size

98.9 kB