Raising of the Palestinian flag outside St Andrew’s House: FOI Review

Information requested

Original Request 202500484291

“all information about the source of the flag, including the supplier, cost, invoices and associated correspondence"

Response

I have now completed my review of the handling of your request and the decision taken. I have concluded that the original decision should be confirmed, with modification.

More specifically, you asked for an internal review of the decision to partially refuse part of your request:

“all information about the source of the flag, including the supplier, cost, invoices and associated correspondence"

I have reviewed the application of the exemption under section 33(1)(b) of FOISA (substantial prejudice to commercial interests), which was applied to withhold the identity of the supplier of the Palestinian flags and associated invoice information.

I am satisfied that this exemption was correctly applied. Disclosure of the supplier’s identity in this context would, or would be likely to, substantially prejudice their commercial interests. This is due to the potential for adverse publicity or reputational harm arising from their association with a politically sensitive issue. While the risk of harm cannot be demonstrated with certainty, I consider it to be credible and significant in the circumstances.

I have also considered the public interest in disclosure, particularly in relation to transparency and accountability in public spending. However, I consider that this is outweighed by the public interest in protecting the commercial interests of suppliers and ensuring that businesses are not deterred from engaging with the Scottish Government.

In line with the Scottish Information Commissioner’s guidance on the appropriate use of redaction under this exemption, I have decided to release:

• A redacted version of the invoice, with identifying information removed; and
• A redacted email to the supplier placing the order, which falls within the scope of “associated correspondence” requested.

Copies of these documents are enclosed.

Names of individuals have been redacted from the information supplied under the exemption at section 38(1)(b) of FOISA. The exemption applies because disclosing the 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.

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 202500490950 - Information Released - Annex

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