Quality assurance related to the handling of previous FOI requests: FOI release

Information requested

Any correspondence or communications, including but not limited to case handling and the application of "quality assurance" processes, relating to my Freedom of Information request first made on December 17 2022, and subsequent requests for responses on March 12 and March 28 (your ref: 202200334750).

Response

Please see attached Appendix A which contains the information we hold which falls within the scope of your request.

You will see that some of the information has been redacted. This has been done under FOISA regulations below:

Section 30(b)(i) - Substantial inhibition to 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 exchange of advice between officials. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to colleagues within 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 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 exchange full and frank advice, as part of Scottish Government’s processes of handling correspondence. This private space is essential to enable all options to be properly considered, based on the best available advice. Disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest. 

Section 30(b)(ii) - Substantial inhibition to free and frank exchange of views

An exemption under section 30(b)(i) of FOISA (free and frank provision of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views between officials. This exemption recognises the need for officials to have a private space within which to provide free and frank views to colleagues within 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 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 exchange full and frank views, as part of Scottish Government’s processes of handling correspondence. This private thinking space is essential to enable all options to be properly considered, based on the best available advice. Disclosure is likely to undermine the full and frank discussion of issues between officials, which in turn will undermine the quality of the decision making process, which would not be in the public interest.

Section 27(i) - Information intended for future publication

An exemption applies to attachments included in exchanges between officials included in the Appendix A, as this document has been issued to you under our reference 202200334750. This response will also be published within the next 12 weeks. With this in mind the exception applies to these documents.

This exemption is subject to the ‘public interest test’. Seeing that the information has been provided to you and will be published on Scottish Government’s website, there is no public interest in including this separately.

Section 38(1)(b) – Personal data of a third party

An exemption under section 38(1)(b) of FOISA (personal information) applies some of the information requested because it is personal data of a third party, i.e. names and 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.

The information that has been redacted has been clearly marked with the relevant exemption i.e. Section 30 (b)(ii). The remaining information that has been redacted is that which falls into the exemption of section 38 (1) (b) – third party personal data.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202300352737 Annex A

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