FOI/202200279750 · FOI · partially withheld
The decision to close Abernyte Primary School: FOI release
Information requested
The dates, times and attendees of all meetings, including virtual meetings, conference calls and video conferences, attended by Mr Swinney or Mr Richard Lochhead at which Abernyte Primary School was discussed. Notes, minutes, summaries or records of any meeting attended Mr Swinney or Mr Richard Lochhead in regard to Abernyte Primary School. All emails from or to Mr Swinney or Mr Richard Lochhead in regard to Abernyte Primary School All other digital communications, including but not limited to services such as WhatsApp, text message, iMessage or other social media or messaging services, from or Mr Swinney or Mr Richard Lochhead. The date range for this information is the period 25th of May 2019 to the 29th February 2020.
Response
While our aim is to provide information whenever possible, in this instance, we are unable to provide a some of the information you have requested because an exemption under 38(1)(b) (personal information) of FOISA applies to that information. This is 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. Furthermore, an exemption under section 30(b)(ii) of FOISA (prejudice to effective conduct of public affairs – free and frank exchange of views) applies to some of the information requested. Disclosing this information would substantially prejudice the ability of officials and Ministers to exchange views in an open way whilst considering sensitive policy issues. 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 generally as part of open, transparent and accountable government. However, in these circumstances there is a greater public interest in ensuring that free and frank views can be exchanged in sensitive discussions around issues such as school closures, ensuring that the Scottish Government is able to 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 http://www.gov.scot/foi-responses.
Detected exemption language
Response While our aim is to provide information whenever possible, in this instance, we are unable to provide a some of the information you have requested because an exemption under 38(1)(b) (personal information) of FOISA applies to that information. 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. Furthermore, an exemption under section 30(b)(ii) of FOISA (prejudice to effective conduct of public affairs – free and frank exchange of views) applies to some of the information requested. This exemption is subject to the ‘public interest test’.