Decision to include a data centre as part of the Ravenscraig regeneration project: FOI Review

Information requested

Original request 202500490505

I'm seeking information related to the decision to include a data centre as part of the Ravenscraig regeneration project. For this, I'd like to receive the following information, for the period 2020 to present:

- dates, confirmation of attendees, agendas, minutes and notes of meetings related to the data centre between Scottish Government and any of the below listed organisations/bodies

- copies of all correspondence related to the data centre between Scottish Government and any of the below listed organisations/bodies

- briefings to the Scottish Ministers or presentation documents related to the data centre received by Scottish Government

The organisations/bodies are:

- Ravenscraig Limited

- North Lanarkshire Council

- Wilson Bowden

- Tata Steel

- Scottish Enterprise

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for a review of the freedom of information response 202500490505 issued by us.  Specifically the review clarified you were seeking for the period 2020 to present:

- dates, confirmation of attendees, agendas, minutes and notes of meetings related to the data centre between Scottish Government and any of the below listed organisations/bodies

- copies of all correspondence related to the data centre between Scottish Government and any of the below listed organisations/bodies

- briefings to the Scottish Ministers or presentation documents related to the data centre received by Scottish Government

The organisations/bodies are:

- Ravenscraig Limited

- North Lanarkshire Council

- Wilson Bowden

- Tata Steel

- Scottish Enterprise

I have concluded that a different decision should be substituted for parts of your request.

I have determined that the Scottish Government does hold information in relation to parts 2 and 3 of your request and we are now releasing information.

In re-evaluating the searches initially commissioned, we established that they were quite narrow, when completing more focused searches this yielded more relevant information. For this we apologise.

As noted above we are now releasing some information however some information remains exempt from disclosure under the following exemptions.

While our aim is to provide information whenever possible we are unable to provide some of the information you have requested because an exemption under section 29(1)(a) (policy formulation) of FOISA applies to that information. The reasons why this exemption applies are explained below.

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. The reasons why this exemption applies are explained within the response.

An exemption applies under s.33(1)(b) of FOISA (Commercial Interest and the Economy) to some of the information you requested because it is likely to prejudice substantially the commercial interests of Apartura. The reasons why the exemption applies are explained within this response.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, eg names/contact details 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.

Information now released is included at Annexes A and B to this letter.

I apologise that the response to your initial request did not answer this fully and I have reminded colleagues involved of the need to consider a request in full for multiple parts to the question that could be interpreted within a request.

1. dates, confirmation of attendees, agendas, minutes and notes of meetings related to the data centre between Scottish Government and any of the listed organisations/bodies,

The Scottish Government does not have the information you have asked for because it has not been involved in meetings with the stated organisations about the data centre as part of the Ravenscraig regeneration project (including the decision to include one).

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

2. copies of all correspondence related to the data centre between Scottish Government and any of the listed organisations/bodies.

I attach a copy of the information for release at Annex A.

While our aim is to provide information whenever possible we are unable to provide some of the information you have requested because an exemption under section 29(1)(a) (policy formulation) of FOISA applies to that information. The reasons why the exemption applies are explained below.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on potential activity linked to data centres will be disclosed in the near future when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

While our aim is to provide information whenever possible we are unable to provide some of the information you have requested because an exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

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 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 exchange full and frank views, as part of the process of exploring and refining the Government’s policy position. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, eg names/contact details 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.

3. briefings to the Scottish Ministers or presentation documents related to the data centre received by Scottish Government.

A single presentation has been identified where all but three slides are unrelated to the datacentre at Ravenscraig and these have been deemed as out of scope for the request. Slides withheld relate to other sites or wider Apatura activity.

I attach a copy of the information for release at Annex B.

An exemption applies to under s.33(1)(b) of FOISA (Commercial Interest and the Economy) to some of the information you requested because it is likely to prejudice substantially the commercial interests of Apartura.

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 because to ensure full transparency in light of the role that data centres could play in Scotland’s economy.

However, in this instance, and on balance, we consider that there is a greater public interest in protecting – as permitted in limited circumstances – the commercial interests of the companies and / or commercial entities concerned, in this case Apatura. In reaching this view we have carefully considered the content of the information, the context and manner within which this information was shared and exchanged with the Scottish Government. We have determined that release would have a detrimental impact on the business and, further, that publication could confer market-sensitive information to competitor organisations. Overall, it is our judgement that it serves the interests of the public better to withhold and maintain in confidence the information I have identified as exempt under s33(1)(b). We have therefore found that, on balance, the public interest lies in favour of upholding the exemption.

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FOI 202500494831 - Information released - Annex A and Annex B

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