Correspondence between NHS Grampian and the Scottish Government regarding Dr Gray’s Hospital in Elgin: FOI release

Information requested

Any email correspondence between NHS Grampian and the Scottish Government regarding Dr Gray’s Hospital in Elgin since 1 November 2025.

Response

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 section(s) 38(1)(b) (personal information) of FOISA and Section 30(b)(i) apply to that information. The reasons why these exemptions apply are explained below.

Please note that some of the information contained within the document is “out of scope” i.e. the email exchanges referred to are not exchanges between NHS Grampian and Scottish Government, and has therefore been marked as such.

An exemption under section 38(1)(b) of FOISA (personal information) applies because some of the information requested is personal data of a third party 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.

The exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers and other officials. Disclosing the content of free and frank advice on confidential matters will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to confidential employee matters.

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 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 a private space within which officials can provide full and frank advice to Ministers and other officials where confidentiality is needed to maintain trust.

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 202500493159 - Information released - Annex

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