Internal Scottish Government correspondence and documentation discussing reference no. 202500494326: FOI Release

Information requested

Please provide all internal Scottish Government correspondence (by email or by direct messaging application) or documentation discussing the correspondence with reference number 202500494326.

Response

Please find enclosed a copy of the information you have requested.

While our aim is to provide information whenever possible, in this instance we are also unable to provide some of the information you have requested because of an exemption(s) under section(s) Section 30(b)(i) (free and frank provision of advice) and s.38(1)(b) (personal

information). The reasons why exemptions are applied to the information are explained in the Annex to this letter.

ANNEX

Section 30(b)(i) – free and frank provision of advice

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 other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice will substantially inhibit the provision of such advice in the future.

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 a private space within which officials can provide full and frank advice to other officials as part of the process of developing the bonds programme. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken.

Section 38(1)(b) – applicant has asked for personal data of a third party

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, 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.

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FOI 202600512082 - Information Released - Annex

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