Minister for Victims and Community Safety and Scotland for Decrim meeting materials: FOI release

Information requested

Recently Siobhan Brown met with Scotland for Decrim. Please provide the minutes from this meeting and the list of attendees.

Response

With prostitution being a both sensitive and complex issue we have met with a range of organisations that have interests in Ash Regan MSP’s member's bill on prostitution, which has included meeting with Scotland for Decrim on the 10th of September. As requested, I have included a copy of the minute of this meeting.

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 sections Section 38 Personal Information apply. Further information can be found in Annex A.

Annex A – Reasons for not providing information.

Exemptions under Section 38 (personal information) of FOISA contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is: the personal data of the person requesting the information (section 38(1)(a)); the personal data of a third party – but only if other conditions apply (section 38(1)(b)); personal census information (section 38(1)(c)); or a deceased person's health record (section 38(1)(d)).

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. Processing of personal data must be fair as well as lawful, so fairness needs to be considered separately. Guidance issued by the ICO in relation to the UK GDPR states that fairness means public authorities should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. Public authorities should therefore take the following into account: Whether the individual expects their role to be subject to public scrutiny. Consideration should be given to the person’s seniority, whether they have a public profile and whether their role requires a significant level of personal judgement and individual responsibility. Whether any distress or damage would be caused to the data subject as a result of the disclosure; Any express refusal by the data subject; Whether the information relates to the data subject’s public or private life. A person’s private life is likely to deserve more protection. Therefore, to protect those individuals from unexpected public scrutiny and potential distress or damage caused by disclosure, it is considered that the exemption, detailed above, is applicable in these circumstances – particularly given this is a sensitive area of policy.

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FOI 202500485614 - Information released - Minute

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PDF

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92.5 kB