Operational delivery, ecosystem engagement and management of the Techscaler Programme: FOI release

Information requested

I am writing to request information regarding the operational delivery, ecosystem engagement, and management of the publicly funded Techscaler Programme. Specifically, I am seeking communications involving [REDACTED (section 38(1)(b)] (in his capacity as VP Regional Engagement at CodeBase/Techscaler) and Nick Murray (in his capacity representing Foras, Startup Grind, or as an individual ecosystem builder).

1. Information Requested Please provide copies of all official and unofficial communications (including emails, meeting notes, memos, briefing documents, Microsoft Teams chats, and informal messages such as WhatsApp, SMS, or Signal) sent between [REDACTED (section 38(1)(b)] and Nick Murray.

2. Scope of the Search & Statutory Obligations Please ensure the search encompasses: Communications held directly by the Scottish Government where these individuals were communicating with, or cc'd alongside, government officials (e.g., within the Directorate for Economic Development or the Chief Entrepreneur's Office).

Crucially: Communications held directly by [REDACTED (section 38(1)(b)]/ CodeBase on behalf of the Scottish Ministers in relation to the delivery of the Techscaler Services Contract.

Legal Note: I politely remind the Scottish Government that under Section 3(2)(b) of FOISA, information held by a contractor (CodeBase) for the provision of a service on behalf of the authority (Techscaler) is deemed to be held by the Scottish Government. As VP Regional Engagement, [REDACTED (section 38(1)(b)] communications regarding ecosystem engagement and partnerships using public contract resources are fully within the scope of FOISA. The Scottish Government must therefore instruct CodeBase to retrieve these communications.

3. Timeframe Please limit this search to the period: 1 January 2022 to 31 December 2023.

4. Pre-emptive Mitigation of Exemptions (Section 38 & 12)

Section 12 (Excessive Cost): As this request is strictly limited to the direct communications between two specific named individuals over a defined period, it requires only a simple, targeted keyword/sender search of specific inboxes and devices. It does not approach the statutory cost limit.

Section 38 (Personal Data): I am strictly investigating the professional, institutional, and operational engagement surrounding a publicly funded ecosystem. I am entirely content for any purely personal, non-business-related chatter, as well as direct personal contact details (e.g., personal phone numbers), to be redacted.

Response

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.

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 202600511125. In line with section 25(1) of FOISA (Information otherwise accessible), this information is not repeated here as it will be available to you.

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 Interest and the Economy

An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested because it is likely to prejudice substantially the commercial interests of the company and the Scottish Government as an interested party. 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.

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 202600511127 - Information released - Documents

File type

PDF

File size

1.7 MB