Information regarding the National Digital Academy manifesto pledge: FOI release

Information requested

All records held by the Scottish Government, including but not limited to briefing notes, policy papers, emails, meeting minutes, submissions and advice relating to the policy intent and decisionmaking for the National Digital Academy covering the following areas:

• How the National Digital Academy was defined and understood at the time of the manifesto pledge, including the intended scope, audience and delivery expectations.
• Decision not to proceed with a procurement process for the National Digital Academy, including the options considered and associated risks and costs.
• Evidence and advice used to claim that the National Digital Academy manifesto commitment has been fulfilled, including any advice provided to MSPs and Parliament.

Response

I enclose a copy of some of the information you requested.

While we aim to provide information wherever possible, in this instance we are unable to supply some of the material you requested. The information withheld is exempt under the following sections of the Freedom of Information (Scotland) Act 2002 (FOISA):

Section 25(1) – Information otherwise accessible
Section 29(1)(a) – Formulation or development of government policy
Section 30(b)(i) – Free and frank provision of advice.
Section 30(b)(ii) – Free and frank exchange of views for the purposes of deliberation
Section 38(1)(b) – Personal information

The reasons for applying these exemptions are set out below.

Some of the information you have requested is already publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Please see below details of where the information can be obtained:

1. Written question and answer: S6W-22500 | Scottish Parliament Website
2. Written question and answer: S6W-22501 | Scottish Parliament Website
3. Written question and answer: S6W-22502 | Scottish Parliament Website
4. FOI 202200290547: National Digital Academy: FOI release - gov.scot
5. FOI 202300384210: National Digital Academy: FOI release - gov.scot
6. Written question and answer: S6O-00255 | Scottish Parliament Website
7. Written question and answer: S6W-22884 | Scottish Parliament Website
8. Written question and answer: S6W-22885 | Scottish Parliament Website
9. Written question and answer: S6W-22888 | Scottish Parliament Website
10. Written question and answer: S6W-22889 | Scottish Parliament Website
11. FOI+202400413949+-+Information+Released+-+Annex+A.pdf

If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Section 29(1)(a) of FOISA exempts information held for the purpose of the formulation or development of government policy. This exemption applies because some of the information you requested relates to work that forms part of a live policy development process, where Ministers and officials are still considering options and have not yet reached a final decision.

Releasing this material at this stage could prejudice the ongoing development of that policy by revealing internal analysis, early options and advice that may change as the work progresses. Premature disclosure could also influence stakeholder expectations and constrain Ministers’ ability to make decisions on the basis of full and frank internal consideration.

This exemption is subject to the public interest test. While there is a public interest in transparency and understanding how policy is developed, in this case that interest is outweighed by the public interest in ensuring that officials and Ministers can develop policy in a full and rigorous way, without external pressure on incomplete or evolving material. Maintaining a protected space for policy development supports effective decision‑making in the public interest.

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view.

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.

Exemptions 30(b)(ii) and 30(b)(ii) are 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 allowing Ministers and officials a private space within which to explore and refine the Government’s policy position until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, so that good policy decisions can be taken.

Premature 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 some of the information requested because it is personal data of a third party, i.e. names and 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.

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 202600508479 - Information released - Annex

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