Correspondence between Scottish Ministers and ScotRail regarding Iona: FOI release

Information requested

All correspondence since 1 May 2025 between Scottish Ministers (or their private offices) and Transport Scotland and/or ScotRail regarding “Iona”, the AI generated announcements on ScotRail trains.

Response

Please find the information you have requested in Annex A, attached to this letter.

While we aim to provide information whenever possible, in this instance, some of the information has been redacted under the following FOISA exemptions:

Section 38(1)(b) – personal relating to third party

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, i.e. names and contact details of individuals 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.

Section 29(1)(b) - Ministerial communications

An exemption under section 29(1)(b) of FOISA - Ministerial communications, applies to some of the information you have requested.

This exemption recognises the need for Scottish Ministers to have a private space within which they can communicate openly. This exemption applies because disclosure would, or would be likely to, inhibit substantially the openness and frankness of exchanges of communication between Ministers 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 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 Ministers can exchange information, as part of the process of exploring and refining the Government’s decision making process. This private space is essential to enable all options to be properly considered, based on the best available advice, so that good quality decisions can be taken. Disclosure is likely to undermine the full and frank communication between Ministers, which in turn, will undermine the quality of the decision making process, which would not be in the public interest.

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.

This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice exchanged between officials and Ministers regarding the use of AI in ScotRail’s announcements will substantially inhibit the provision of such advice 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 maintaining an environment in which information can be exchanged without prejudice in the future, enabling Ministers to make well informed future policy decisions having considered all available advice and information.

Section 33(1)(b) - Substantial prejudice to commercial interests

The exemption under section 33(1)(b) (commercial interests) applies to some of the information because disclosure would or would be likely to, prejudice substantially the commercial interests of ScotRail Trains Ltd(SRT).

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 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 protecting the commercial interests of ScotRail. Disclosing any financial information related to AI technology used in ScotRail’s announcements would compromise ScotRail’s ability to purchase services in the future at competitive rates. This would in turn prejudice ScotRail’s ability to obtain the best value for public money, which would not be in public interest.

The information that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(i). The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party and personal data.

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 202500471003 - Information Released - Annex

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