Publication - FOI/EIR release

Letter sent to University and College principals regarding the toolkit for student sex workers: FOI release

Published: 20 December 2023
Topic: Public sector
FOI reference: 202200292085
Date received: 3 March 2022
Date responded: 1 June 2022

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

I would like a copy of any document or discussion which directly led to or informed that letter being sent.
The letter states that the Toolkit "appears to endorse activity which may be in some scenarios illegal, exploitative and put women at risk of serious harm". On what basis was this assertion made? For example, who was responsible for examining the Toolkit and making such a judgement? At what meetings was the toolkit discussed?
The letter states "Police Scotland have been made aware and have expressed similar concerns." Please provide a copy of any communication Police Scotland have had with you that details their position on this Toolkit.
The letter states that "clearly the issuing of a 'Toolkit for Student Sex Workers' goes further", presumably implying that the Toolkit actively promotes sex work. On what basis was this assertion made?

Response

Unfortunately, it took longer than expected to deal with your request. Your initial email went to an unmonitored inbox, and once received it took longer than anticipated to consider your request and gather the information requested. I apologise for this delay.

I enclose a copy of some of the information you requested. This is extracted from email records and electronic records and data management systems.

Document 1 includes copies of email conversations which relate to your requests numbered 1, 2 and 4.

Document 2 includes a copy of a submission to Ministers which relates to your requests numbered 1, 2 and 4.

Document 3 relates to your request number 3.

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 exemption under sections s30(b)(ii) (the free and frank exchange of advice or views for the purposes of deliberation) and s38(1)(b) (personal information) of FOISA applies to the information. The reasons why these exemptions apply are explained below.

An exemption under section 30(b)(ii) (the free and frank exchange of advice or views for the purposes of deliberation) of FOISA applies to a briefing document relating to Police Scotland advice. This exemption applies because releasing such information would limit a free and frank exchange of views between Police Scotland and Scottish Government. 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 release because disclosure may enhance public scrutiny of decisionmaking or policy-making processes. However, this is outweighed by the public interest in ensuring that comprehensive and frank advice is provided during future deliberations, avoiding poorer decisionmaking in the long run.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names/contact details of individuals, 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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