Advice and briefings on Historic Environment Scotland sent to the Cabinet Secretary for Constitution, External Affairs and Culture: FOI release

Information requested

Advice and briefings on Historic Environment Scotland sent to Cabinet Secretary for Constitution, External Affairs and Culture by Scottish Government officials in December 2025.

Response

I enclose a copy of some of the information you requested.

Some of the information you have requested is available from Audit Scotland at https://audit.scot/publications/the-202425-audit-of-historic-environment-scotland. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

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 an exemptions under sections, s.38(1)(b) (personal information) and s30(c) (prejudicial to the effective conduct of public affairs of FOISA applies to that information. The reasons why the exemptions apply are explained in the Annex to this letter.

ANNEX

An exemption applies

Exemptions under sections s38(1)(b) of FOISA applies to some of the information you have requested. This information contains personal data 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.

An exemption applies, subject to the public interest test

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct Freedom of Information requests because it would substantially prejudiced our ability to provide ongoing advice and assistance to Freedom of Information requests. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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 protecting the process of Freedom of Information requests and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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 202600514362 - Information released - Documents

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