Correspondence which mentions former Chief Executive of the Scottish National Party: FOI release

Information requested

Firstly, a copy of all WhatsApp messages sent by the First Minister today (19th January)

And then:

A copy of all WhatsApp messages sent to First Minister today (19th January).

A copy of any email sent from the first minister’s inbox that contains name Peter Murrell (in January 2026)

A copy of any email sent from First ministers inbox that contains the word embezzlement (in January 2026)

A copy of any email sent to First Minister today that contains name Peter Murrell or embezzlement.

Response

I enclose a copy of some of the information you requested. Exemptions under sections 17, 38(1)(b) and 29(1)(c) of FOISA applies to some of the information you have requested. More information on these exemptions is set out below.

Section 17

Mobile messaging apps, including WhatsApp, have been removed from Scottish Government devices since June 2025. The policy applies to all Scottish Government employees including contractors, senior civil servants, special advisers and Ministers, and states that mobile messaging apps and noncorporate communication channels will not be permitted on government devices. Given this policy, an exemption under section 17 of FOISA (information not held) applies to question one. 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.

Section 38(1)(b)

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 38(1)(b) (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie 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.

Section 29(1)(c)

Section 29(1)(c) (Law Officers’ Advice) applies to some of the information you have requested. 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 public interest in release as part of open and transparent government, given media and public interest in this case. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

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 202600502246 - Information Released - Documents

File type

PDF

File size

101.2 kB