For Women Scotland Supreme Court Judgment meeting notes and briefings: FOI release

Information requested

All meeting notes and briefings about the For Women Scotland Supreme Court Judgment between April 16 and 26 from within the Directorate for Equality, Inclusion and Human Rights.

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 an exemption(s) under sections 25(1) - Otherwise accessible, 30(b)(i) - Substantial inhibition to free and frank provision of advice and s.38(1) (b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below/in the Annex to this letter.

Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can reasonably obtain the information without asking for it under FOISA. Section 30 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where disclosure would, or would be likely to: (i) prejudice substantially the maintenance of the convention of the collective responsibility of the Scottish Ministers (ii) inhibit substantially the free and frank provision of advice (iii) inhibit substantially the free and frank exchange of views for the purposes of deliberation (iv) prejudice substantially the effective conduct of public affairs. Section 38(1)(b) There are three situations where third party personal data is exempt under section 38(1)(b). These are where: (i) disclosing the personal data would contravene any of the data protection principles in Article 5(1) of the UK GDPR (“the first condition”); (ii) disclosing the personal data would contravene Article 21 of the UK GDPR (right to object to processing) and the public interest favours withholding the data (“the second condition”); and (iii) the data subject would not be entitled to be given the personal data if they made a subject access request for it under Article 15(1) of the UK GDPR or section 45(1)(b) of the DPA 2018 and the public interest favours withholding the data “(the third condition”).

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 202500481096 - Information released - Document

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