Meeting between Deputy First Minister and EnBW Generation UK: FOI release

Information requested

All information held regarding the meeting between Deputy First Minister Kate Forbes and EnBW on 6/3/25.

Response

I enclose a copy of some of the information you have 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 Section 38(1)(b) (personal information), Section 33(1)(b) (commercially sensitive information), and Section 30(b)(i) and Section 30(b)(ii) (free and frank provision of views/advice) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex to this letter.

Annex

Exemptions under Section 38(1)(b) (personal information), Section 33(1)(b) (commercially sensitive information), and Section 30(b)(i) and Section 30(b)(ii) (free and frank provision of views/advice) of FOISA applies to some of the information you have requested.

Section 38(1)(b)(personal information)
An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it includes personal data of a third party, i.e. names/contact details and email addresses of individuals and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and 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 33(1)(b) (commercially sensitive information)
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially commercial interests.

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.

Section 30(b)(i) and Section 30(b)(ii) (free and frank provision of views/advice)
An exemption under Section 30(b)(i) and Section 30(b)(ii) (free and frank provision of views/advice) of FOISA applies to some of the information you have requested.

In order for officials to advise Ministers in the course of their duties, they must be able to provide free and frank advice for the purposes of deliberation. Disclosure of this information would substantially inhibit officials' ability to provide this.

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 some public interest in release to support the openness and transparency of government. However, this is outweighed by the public interest in enabling officials to provide free and frank advice and views to Ministers, to support them in the exercise of their duties.

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 202500477509 - Information Released - Annex A

File type

PDF

File size

484.0 kB