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FOI/202000014589 · FOI · partially withheld

Communications with NHS boards concerning independent sector: FOI release

Published
2020-04-30
Received
2020-02-03
Responded
2020-04-29
Directorate
Topic
Health and social care, Public sector
Exemptions
38(1), 34(1)

Information requested

Copies of written communication from the Scottish Government to health boards regarding independent sector activity. This would include but not be limited to communication informing NHS boards abo the national contract set up NSS when it was set up, funding allocations and other instructions to boards concerning the independent sector.

Response

I have sent you a copy of most of the information you requested in a series of emails earlier today, as we discussed. 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 under section 38(1)(b) (personal information)of FOISA applies to that information. This exemption applies because the information is personal data of a third party, i.e. the 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. 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

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 under section 38(1)(b) (personal information)of FOISA applies to that information. This exemption applies because the information is personal data of a third party, i.e. the 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.

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