Communications and governance oversight of key partners within the Scottish entrepreneurial and technology ecosystem: FOI release

Information requested

This is in relation to your request entitled Tech Ecosystem Governance, asking for copies of all official and unofficial communications (including emails, meeting notes, briefing documents, Microsoft Teams chats, and informal messages such as Telegram, WhatsApp or Signal) held by the Scottish Government that meet the criteria that you laid out between the 01/01/22 and 31/12/23.

Response

In response to part A of your request, I enclose a copy of the information that you requested.

While our aim is to provide information wherever possible, in this instance certain information has been redacted under the following sections of FOISA. More information on this can be found in the annex of this letter. We have also redacted information that is not within scope of your request in email attachments.

In response to part B of you request, some information falling within the scope of your request is also being disclosed to you in response to other FOI requests you have submitted: 202600511131 and 202600511127. In line with section 25(1) of FOISA (Information otherwise accessible), this information is not repeated here as it will be available to you.

In response to part C of your request, we have not found any relevant communications. Scottish Government has not received any formal complaints related to the individuals named.

Officials of the Scottish Government are bound by the Ministerial Code. Subcontractors and those doing work on behalf of Scottish Government are expected to operate lawfully and under a code of conduct underpinned by principles of integrity, accountability and transparency.

Scottish Government takes very seriously allegations of mental or physical harm and expects all organisations receiving public funding to behave ethically and lawfully, to follow fair work practices, and to notify Ministers immediately if irregularities are suspected so that they can be investigated. Scottish Government might reassess, vary, withdraw or recover any funds provided, if a third party is considered to be likely to bring the reputation of the Scottish Ministers into disrepute.

Records Management and Retention

For context, information held by the Scottish Government is managed in accordance with our Records Management Policy and relevant retention schedules. Communication data (including email, MS Teams content and other channels) is only retained where it has been assessed as having business value and saved into the corporate record system. If information was never saved or has reached the end of its retention period, it will no longer be held.

The Scottish Government’s Records Management Policy is publicly available here: Scottish Government records management plan - gov.scot

ANNEX

Section 38(1)(b) – Personal data

This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 33(1)(b) – Commercial interests

This exemption applies to some of the information requested because disclosure would, or would be likely to, prejudice substantially the commercial interests of one or more organisations, namely the organisation(s) involved in the delivery of the grant-funded activity. The information withheld includes detailed financial figures contained within invoices and/or purchase orders, the disclosure of which would reveal commercially sensitive pricing structures, costs and financial arrangements. This exemption is subject to the ‘public interest test’. Therefore, taking into 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.

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

This exemption applies to some of the information requested because it relates to the free and frank exchange of views for the purposes of deliberation between officials and, where relevant, external partners. Disclosure of this information would, or would be likely to, inhibit substantially the willingness of those involved to express candid views, options and assessments in the future. Such exchanges are essential to support effective policy development, decision‑making and the management of grant funding. Releasing this information into the public domain would be likely to have a chilling effect on the openness and candour of future discussions, thereby prejudicing the quality of advice and deliberation. This exemption is subject to the public interest test. We have considered the public interest in disclosing the information, including the general interest in transparency and accountability in decision‑making. However, we also recognise a strong public interest in ensuring that officials and stakeholders are able to engage in full and frank discussion when considering options and forming advice. On balance, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure.

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 202600511125 - Information released - Documents

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