Correspondence and activity involving Special Adviser emails: FOI release

Information requested

1. Since the start of 2025, please provide a list of the FOI's which have been subject to consideration by the FoI.SpAdsPO@gov.scot email address and/or Special Adviser emails.
2. Any correspondence between FoI.SpAdsPO@gov.scot and the FOI Unit since January 1, 2025.
3. Any correspondence between FoI.SpAdsPO@gov.scot and Ministers or their private office on the topic of responding or advice on FOI requests since January 1, 2025.

Response

1. In response to the first part of your request, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. After completing a search of the FoI.SpAdsPO@gov.scot email address we found in excess of 3500 emails relating to your request. To review and compile this would exceed the cost limit, therefore we are unable to complete your request. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. If you have a particular subject matter you are interested in this would significantly narrow the scope. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

In response to the second part of your request, I enclose a copy of some of the information you requested in Annex A.

In response to the third part of your request, I enclose a copy of some of the information you requested in Annex A.

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 27(1), 30(b)(i) and (ii) and 38(1)(b). The reasons why these exemptions apply are set out below.

Section 27(1) (Information intended for future publication)
This is a formal notice that an exemption under section 27(1) of FOISA applies to some of the information you have requested. The information requested will be published within 12 weeks of your request. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. If, however, you do not have internet access to obtain this information, then please contact me again and I will send you a paper copy.

Section 30(b)(i) and 30(b)(ii) (Free and Frank exchange of views and Advice)
An exemption under Section 30(b)(i) and section 30(b)(ii) applies to some of the information requested. Although there is a public interest in disclosing information as part of open, transparent and accountable government, it is of greater public interest in allowing Ministers and officials a private space within which to communicate as part of the process of exploring and refining the Government's policy, until the Government as a whole can adopt a decision which is sound and likely to be effective

Section 38(1)(b) (Third party personal data)
This is a formal notice that an exemption under section 38(1)(b) of FOISA applies to some of the information requested. This is because it relates to the personal data of civil servants below Senior Civil Service grades. 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 202600501632 - Information Released - Annex A

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