Treatment of crypto-assets: FOI release

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

Information requested

  • All work carried out by the Scottish Government Working Party on treatment of crypto-assets.
  • When it was formed.
  • Who are on the panel of this working party.
  • All costs for their work, expenses claimed, any domestic UK or overseas travel (destinations) related to this Working Party/Panel & costs.
  • Information on the appointment process which saw Lord Hodge appointed to chair this working party and others appointed to the working party/panel.
  • Who appointed all members (including Lord Hodge), including who recommended their appointments and any information contained in such recommendations, letters or support.
  • Finally, you requested for any advice/reports/minutes produced by and any material published by this working party/panel.


I enclose a copy of most of the information you requested in PDF format.

In answer to your questions:

  • To the date of your request, there has been 3 meetings of this working group to discuss and consider the issues of crypto assets and digital assets more broadly.
  • The working party was first formed in 2019 with their first meeting commencing in October 2019, the 2nd meeting in December 2019 and reconvened in March 2022. There were no meetings in 2020 and 2021 due to pandemic impacting and delaying progression of action points from the Dec 2019 meeting.
  • Please find enclosed a list of the working party’s members which is accurate at the time of writing.
  • There are no associated costs relating to chair or any of its members for their work, or expenses claimed for travel which covers any domestic UK and overseas travel. Members are unremunerated which is formally outlined in the groups Terms of Reference created in February 2022.
  • There was no formal process for the appointment of the chair of the working party (Lord Hodge) or any of its members.
  • A discussion paper was drafted by Professor David Fox, "Digital assets in Scots private law 20211021" for discussion by the group. Please note this paper was initially drafted in Oct 2021 and due to advances in this area, a new updated paper is in preparation. This revised paper should be completed by July/August 2022 and may then be requested under FOISA if appropriate.

I enclose:

  • All relevant information highlighting discussions which led to the creation of this working party.
  • Digital assets in Scots private law 20211021 draft paper.
  • The Terms of Reference indicate from February 2022 onwards, a process for the proposal of new members.
  • Please also find enclosed a copy of the minutes for all three of the working party’s meetings from 2019 – 2022.

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(s) under section(s) s.38(1)(b) (personal information)] of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.

An exemption(s) under section(s) s.38(1)] of FOISA applies to all of the information you have requested. Section 38(1)(b) in this request exempts disclosing personal data as this is not necessary to achieve the legitimate interest of this request.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

Redacted version of documents- 202200293664


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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