Correspondence regarding the unimplemented provisions of the Railway Policing Act 2017: FOI Review

Information requested

Original Request 202600504892

I'd like to make a request under the Freedom of Information (Scotland) Act 2002 for copies of any internal discussions within the Scottish Government, and any discussions with external bodies in the last three years about implementing the so far unimplemented provisions of the Railway Policing Act 2017.

Response

I have concluded that a new decision should be substituted.

Firstly, I have considered the searches that were completed in determining whether there was any information held relating specifically to your request and I have identified a small number of additional documents that are within the scope of your original request.

I have considered these documents. I am disclosing the additional in scope information identified, and I am sorry that this information was not identified as part of responding to your initial request.

I have also reviewed the information that was originally identified and withheld under the exemption at section 30(b)(i) of FOISA - free and frank provision of advice. I have concluded that the exemption does not apply and am now disclosing that information to you.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the additional information identified because it is personal data of a third party, i.e. name and contact details of an individual, 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.

With the exception of the name of the official withheld under section 38(1)(b), all other in scope information has now been disclosed to you.

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 202600512403 - Information Released - Documents

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