Provision of non-therapeutic male circumcision reports and correspondence: FOI release

Information requested

All internal reports or correspondence (including emails and other messages) relating to the provision of non-therapeutic male circumcision on the NHS, since January 2024.

Response

I enclose a copy of some of the information you 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 sections 29(1)(a), 30(b)(i), 30(b)(ii), 36(1)(b) and 38(1)(b) of FOISA applies to that information. The reasons why that exemptions apply are explained below.

An exemption under section(s) s.38(1) of FOISA applies to some of the information you have requested.This exemption relates to personal data of a third party, including names and contact details of the individuals, and disclosing it would contravene the data protection principles in Article 5(1)of the General Data Protection Regulation and in S.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.

Exemptions under sections 29(1)(a), 30(b)(i), 30(b)(ii), 36(1)(b) of FOISA applies to some of the information you have requested.

Section 29(1)relates to the formulation or development of Scottish Government policy. As the information you have requested relates to a policy currently under review, some of the information you have requested falls under this exemption.

Section 30(b) (i) and (ii) relate to the free and frank provision of advice and views. Again, as the information you have requested relates to a policy currently under review, some of the information you have requested falls under this exemption.

Section36(1)(b) relates to confidentiality of communications in legal professional privilege. Some of the information you have requested falls under this exemption.

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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption in each case.

In the case of Section (29)(1) and Section 30(b)(i) and (ii), these apply because disclosure would be likely to inhibit substantially the free and frank exchange of views for the purposes of deliberation and policy making. These exemptions recognises the need for officials and in some cases Ministers to have a private space within which to discuss issues while the Scottish Government considers policy. Disclosing the content of these discussions on matters relating to the Scottish Government’s approach to policy will substantially inhibit such discussions in the future, because both officials will be reluctant to provide their views fully and frankly if they believe that those views are likely to be made public. 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 Ministers and officials a private space to formulate and develop policy.

In the case of Section (36)(1)(b), 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 as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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 202500486073 - Information released - Annex

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