Prostitution (Offences and Support) Bill communications with the Criminal Justice Committee: FOI release

Information requested

All communication between the Scottish Government and the Criminal Justice Committee (Scottish Parliament) concerning the Prostitution (Offences and Support) Bill.

This should include emails, meeting notes, and any other form of communication.

Response

While our aim is to provide information whenever possible, in this instance one item of direct correspondence between Scottish Government Officials and the Criminal Justice Committee has been identified in relation to the above and can be found at Annex A. Please note that an exemption under section Section 38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption applies are explained below.

Section 38(1)(b) (personal information)

Section 38 of the Freedom of Information (Scotland) Act 2002 (FOISA) contains four exemptions, all relating to personal information. Information is exempt from disclosure if it is: (i) the personal data of the person requesting the information (section 38(1)(a)); (ii) the personal data of a third party – but only if other conditions apply (section 38(1)(b)); (iii) personal census information (section 38(1)(c)); or (iv) a deceased person’s health record (section 38(1)(d)).

“Personal data” is defined in section 3 of the DPA 2018 (and Article 4 of the UK GDPR) as any information relating to an identified or identifiable living individual, who can be identified, directly or indirectly, in particular by reference to: (i) an identifier such as a name, an identification number, location data or an online identifier, or (ii) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.

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 202600504857 - Information released - Annex A

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