FOI/202100231986 review of 202100216620 · FOI · partially withheld
Communication involving Scottish Government’s National Advisory Committee on Chronic Pain (NACCP): FOI review
Information requested
Your requested, reference 202100216620 A) All written communications by email, letters and notes regarding communication involving the Scottish Government’s National Advisory Committee on Chronic Pain (NACCP) members, officials and chair and the Healthcare Quality and Improvement Directorate and Clinical Priorities Unit over patient representatives between January 15 and to June 24 2021 B) All written communications by email, letters and notes involving the Scottish Government’s National Advisory Committee on Chronic Pain members, officials and chair and the Health and Social Care Alliance and its appointees concerning NACCP patient representatives between January 15 to June 24 2021. Your review request, reference 202100231986 Please review the way my FOI application was rejected and correct the wrongs in this decision
Response
I have concluded that a different decision should be substituted. In conducting my review, I have reconsidered the circumstances of the case afresh. I can confirm that I have concluded that your request does not fall within the exemption of cost and the information should be provided. I enclose a copy of the information you requested in PDF format. An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested which has been redacted from the documents disclosed because it is personal data of a third party, i.e. names/contact details of individuals below senior civil service, 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. I note you have asked a number of additional questions within the review submitted. It is our decision that these questions have been previously answered and as such have made the decision that the release of information as per your original request should remain the focus of this response. 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
I can confirm that I have concluded that your request does not fall within the exemption of cost and the information should be provided. An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested which has been redacted from the documents disclosed because it is personal data of a third party, i.e. names/contact details of individuals below senior civil service, 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.