City of London Corporation documentation: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis which mentions or is to/from the City of London Corporation, from the last month.

Response

1. I enclose a copy of the information you requested in PDF format.

2. 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 of exemptions under sections 30 (b)(i),(ii) (free and frank exchange of views), 30 (c) (prejudice to the effective conduct of public affairs) and 38 (1)(b) (personal information) of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

Annex: Exemptions

Section 38 (1)(b) (personal information)

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e., names and personal data information of officials below SCS and non-senior external stakeholders. Disclosing this information 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 30 (b) (ii) (free and frank exchange of views)

Exemptions under section 30(b)(ii) of FOISA (free and frank advice and exchange of views) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation. The exemptions recognise the need for Ministers and officials to have a private space within which to seek advice and views from officials and one another before reaching the settled public position which will be given in whatever final lines are used. Disclosing the content of free and frank discussion around planning for upcoming events or internal office and staffing matters will inhibit such planning in the future. Additionally, this exemption recognises the need for Ministers and officials to have a private space within which to discuss issues and options with external stakeholders before the Scottish Government reaches a settled public view. Disclosing the content of these internal discussions between officials and external discussions with stakeholders will substantially inhibit such discussions in the future.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 allowing a private space within which officials can plan openly and provide free and frank advice and views to internal and internal stakeholders in order to effectively plan events. This private space is essential to enable all options to be properly considered, so that good decisions can be taken based on fully informed advice and evidence. Premature disclosure of this type of information could lead to the release of inaccurate information, and a reduction in comprehensive and frank advice and views in the future, which would not be in the public interest. Disclosure could also undermine the full and frank discussion of issues between the Scottish Government and stakeholders, which in turn will undermine the quality of the decision-making process, which would not be in the public interest. It is also in the public interest to avoid the loss of stakeholder confidence in cases where they thought they were providing comments in confidence.

Section 30(c) – substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct office planning, staff planning and IT processes because it would reveal internal details of Scottish Government IT infrastructure and network security arrangements. Making this information public could create vulnerabilities by exposing how our systems operate and the steps we take to manage access, which in turn would risk disruption to official business and government events. Furthermore, making granular details around Scottish Government office and workforce planning public would risk releasing misleading information to the public that has not been finalised. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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. However, there is a greater public interest in protecting the process of maintaining secure and reliable IT systems, protecting the Scottish Government’s ability to discuss IT systems and plan sensitive internal business without unnecessary risk or disruption, and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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 202500482402 - Information released - Attachment

File type

PDF

File size

995.3 kB