EIR/202500491515 · FOI/EIR · partially withheld
Documentation regarding ScotWind meeting: EIR release
Information requested
This request concerns a WhatsApp message published here: https://www.gov.scot/publications/foi-202400426539/.
On 16th December 2021, a WhatsApp message was sent to Kate Forbes which read:
"Hi Kate, Mr Matheson and Ms McAllan have joined this mornings meeting on ScotWind. Let me know if you are delayed."
Please provide the agenda and any briefing materials prepared for this meeting, and also any notes or minutes recording what was discussed during the meeting.
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
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, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
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 of exceptions under regulations 10(4)(e) - Internal Communications and 11(2) – Personal Information. The reason why these exceptions apply to some information is explained below.
10(4)(e) - Internal Communications
An exception under regulation 10(4)(e) - Internal Communications of the EIRs applies to some of the information you have requested. The regulation applies as it concerns unfinalized policy in the preliminary stages of development.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in releasing the information to support the openness and transparency of government. However, this is outweighed by the public interest in enabling a private space to discuss policy that is at a preliminary stage.
11(2) – Personal Information
An exception under regulation 11(2) of the EIRs (personal information of a third party) applies to some of the information requested 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 exception 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 exception.
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.
Detected exemption language
We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. 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, because there is no public interest in dealing with the same request under two different regimes. 10(4)(e) - Internal Communications An exception under regulation 10(4)(e) - Internal Communications of the EIRs applies to some of the information you have requested.