Director for Housing e-mails relating to the review of how the Scottish Government works: FOI release

Information requested

"I beleive I can request every email sent and received by director annabel turpie during week beginning 08/05/26 which relates to the project reviewing how the scottish government works."

Response

A response is set out in Annex B. Some exemptions have been applied which are set out in Annex A.

ANNEX A

The exemptions that apply in this instance are:

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on reducing TOC.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on reducing TOC will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(ii) – free and frank exchange of views for the purpose of deliberation

Some information has been withheld under Section 30(b)(ii) of FOISA (free and frank exchange of views for the purpose of deliberation) because disclosure would, or would likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation.

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 some public interest in disclosing the information as part of an open, transparent, and accountable government. However, there is a greater public interest in allowing a private space for ministers to share their views with officials for the purpose of deliberation and to inform future policy and decision making.

Section 38(1)(b) – Personal data

Some information has been withheld as an exemption under section 38(1)(b) (personal data) of FOISA applies to that information, this is 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.

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 202600522641 - Information Release - Annex B

File type

PDF

File size

66.9 kB