Letter from the former Cabinet Secretary for Transport, Infrastructure and Connectivity to Petroineos: FOI release

Information requested

You asked for 'The Letter written by Michael Matheson on 7th December 2020 to Petroineos'.

Response

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 have been applied. The exemptions that have been applied are as follows:

• s.38(1)(b) (personal data of a third party)
• s.33(1)(b) (substantial prejudice to the commercial interests of a person or organisation) of FOISA.

The reasons why these exemptions apply are explained in the Annex to this letter.

I have attached to this response a copy of the letter you requested with the aforementioned exemptions applied where appropriate.

ANNEX – EXEMPTIONS APPLIED

Section 38(1)(b) (personal data of a third party) of FOISA applies to some of the information you have requested.

This exemption applies to the individual email address of the recipient of the letter. The application of s. 38 is subject to the “public interest test” in some specific circumstances. On balance, it is in the public interest to protect the personal information of third parties who engage with the Scottish Government, which is why the exemption has been used in this instance.

Section 33(1)(b) (substantial prejudice to the commercial interests of a person or organisation) of FOISA applies to some of the information you have requested.

This exemption applies because disclosure would, or would be likely to, substantially prejudice the confidentiality of commercial or industrial information pertaining to Petroineos Manufacturing Scotland Limited. The Scottish Government has a responsibility to protect the integrity of confidential information shared in confidence by third parties. This exemption is subject to the public interest test. Though there is public interest in engagement between Scottish Ministers and Petroineos Manufacturing Scotland Limited, there is also significant public interest in the most commercially sensitive aspects of such discussions being able to be carried out in confidence. Therefore, the conclusion of the public interest test in this instance has determined that the public interest in withholding the commercially sensitive information contained within the letter you requested far outweighs the public interest in disclosing it.

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 202500470188 - Information Released - Annex

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