Correspondence regarding Eurovision Song Contest: FOI release

Information requested

You asked for all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, about the Eurovision Song Contest, from the last 30 days.

Response

I enclose a copy of most 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) (formulation or development of government policy), 36(1) (confidentiality for legal proceedings), and 38(1)(b) (personal information of a third party) apply. The reasons why these exemptions are applied is explained below.

Section 29(1)(a) (formulation or development of government policy): This exemption applies to a small amount of the information requested. 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 public interest in release because there is a general public interest in transparent government and information held by the Scottish Government. We recognise that there is an interest into how decisions are reached. However, on balance, there is a greater public interest in protecting the integrity of high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously.

Section 36(1) (confidentiality for legal proceedings): This exemption applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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 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.

Section 38(1)(b) (personal information of a third party): This exemption applies to some of the information requested because it is personal data of a third party i.e. the names of individuals, and disclosing it 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.

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 202500486937 - Information Released - Annex

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