Emails sent from the Cabinet Secretary for Education’s official address on 25 February 2026: FOI release

Information requested

I'd like to FOI all send emails of the Cabinet Secretary for Education sent from her address on the 25 of February 2026.

Response

Some of the information requested can be found in the annex.

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 Sections 29(1)(a); 29(1)(d); 30(b)(i); 30(b)(ii) and; 38(1)(b) of FOISA applies to that information. The reasons why these exemptions apply are set out below.

Section 29(1)(a) – Formulation or Development of Scottish Government Policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some the information requested because it relates to the development of the Scottish Government’s policy on online safety measures.

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 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on online safety measures to protect children at risk of harm will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 29(1)(d) – Operation of Any Ministerial Private Office

An exemption under section 29(1)(d) of FOISA (Operation of any Ministerial private office) applies to some of the information requested because it relates to the personal administrative support to a Minister.

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 a public interest in disclosing information as part of open, transparent and accountable government, however, there is a greater public interest in allowing Ministers a private space to engage fully and frankly with their private office when working to support a range of ministerial duties and decisions, including preparing for a statement. This private space also allows for all options to be properly considered, to enable effective operation of private office.

Section 30(b)(i) – Free and Frank Provision of Advice

The exemption of 30(b)(i) (Free and frank provision of advice) of FOISA applies to some of the information requested because disclosure would, or would likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to receive advice and views from officials before reaching the settled public position.

Disclosing some of the content of the briefing material provided to the Cabinet Secretary for Education and Skills would substantially inhibit such briefing in the future, particularly because the provision of advice can relate to issues still ongoing and final decisions may not have been taken, and can relate to often fluid, evolving and sensitive issues, such as in this case.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions.

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 a private space within which officials can provide free and frank advice to Ministers to provide context and sensitive advice in order for ministers to robustly defend the Government’s policies and decisions in Parliament. Finally, the disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice in the future, which would not be in the public interest.

Section 30(b)(ii) – free and frank exchange of views for the purposes of deliberation

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some 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. Disclosing the content of free and frank discussions on the establishment of a public inquiry will substantially inhibit such discussions in the future, particularly because these discussions and views relate to a sensitive issue.

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 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 position on establishing public inquiries, 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 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 decision making process, which would not be in the public interest.

Section 38(1)(b) – Personal Information

We are unable to provide some of the information because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information, this is because it is personal data of a third party 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 202600508574 - Information released - Annex

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