Scottish Government and Public Health Scotland correspondence regarding alcohol marketing and advertising: FOI release

Information requested

“I refer to the report(s) produced by Public Health Scotland on 2 September 2025 which are here:-

https://www.publichealthscotland.scot/publications/rapid-review-of-evidence-about-alcohol-marketingand-advertising-influences-on-consumer-attitudes-and-behaviours-and-the-effects-of-regulation-onthose-behaviours/.

Public Health Scotland was commissioned by the Scottish Government to produce these reports.

Please provide the following:-

• Copies of all correspondence (in whatever form or format) between the Scottish Government and Public Health Scotland which explore/discuss/agree the scope and remit of the commissioned reports.
• In particular, provide such correspondence which refers to what studies or evidence should be included or excluded
• Provide any correspondence between the Scottish Government and Public Health Scotland as to the terms, content and format of the report prior to its publication. In particular, to clarify whether there were any amendments or changes which occurred to earlier drafts of the report(s), prior to final publication.”

Response

I have attached the available information you requested in separate annexes. 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:

S.38(1)(b) personal information

The exemptions in sections 38(1)(a) and (b) regulate the relationship between FOISA, the UK General Data Protection Regulation and 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.

S.30(b)(i) free and frank provision of advice

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 because of the need for open and transparent government and interest in the policy topic concerned. However, this is outweighed by the public interest on the basis that release would inhibit Ministers’ ability to receive free and frank advice as well as the free and frank exchange of views for the purposes of deliberation, in addition to the operation of Cabinet collective responsibility.

You will also note some information has been withheld as it is out with the scope of the request.

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 202500483431 - Information released - Annex A and Annex B

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