HMP Highland Gateway Review report: FOI release

Information requested

All items of information in the Gateway Review completed in 2025 on 'HMP Highland'.

Response

I have interpreted this as a request for the Gate Review report.

Gate Reviews are conducted for the Scottish Government and associated public sector organisations to help support the successful delivery of projects by ensuring that good programme and project management practice is being used; that key risks are actively managed and to identify any learning points for better practice. The report(s) contain only a snapshot of the project at a particular point in time and since these reports were produced progress will have been made in addressing any recommendations for improvement.

An exemption under Section 38(1)(b)(personal information) of FOISA applies to some of the information you have requested because it is the personal data of a third party. While our aim is to provide information whenever possible, in this instance a small amount of information, i.e. names of junior Scottish Government officials and employees of other organisations, have been redacted from the report. This exemption applies because disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and 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. Accordingly, some information within the attached documents has been redacted.

Section 33(1)(b) has been applied where it has been identified that the release of the full information would, or would be likely to, harm the commercial interests of a third party. Release would adversely affect such third party’s trading position if information was disclosed regarding considerations around its commercial plans and business models, investment / financial arrangements and operational activity.

The effective operation of economic development support requires companies to exchange information with the Scottish Government and our economic agencies, which is then handled within a private space. We must be able to assure the businesses we support that their sensitive information will not be released as a result of their involvement with government and its agencies.

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 public authorities have a duty to be open and transparent, and so seek to release information wherever possible, particularly regarding information that is perceived to be of public benefit or interest, such as details associated with public funding.

However, this is outweighed by the public interest in upholding this exemption, as in our view there is no public interest where such transparency would cause detriment to a third party’s commercial activity, due to the release of its private information. We consider there is significant public interest in agencies protecting the legitimate economic interests of companies, especially where it was expected that information shared with those agencies would be held on a commercial in confidence basis. Our conclusion is that the public interest in disclosure is outweighed by the public interest in avoiding substantial harm to third party interests.

I enclose a copy of the Gate Review report in the format you asked for.

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 202500494965 - Information Released - Annex

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PDF

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291.5 kB