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FOI/201900000791 · FOI · partially withheld

Presumption against short prison sentences – First Minister, Cabinet Secretary correspondence: FOI release

Published
2019-04-08
Received
2019-03-15
Responded
2019-04-05
Directorate
Justice Directorate
Topic
Law and order, Public sector
Exemptions
38(1), 34(1)

Information requested

You asked for: 1. copies of any letters/emails sent by members of the public to the First Minister on the subject of the Scottish Government’s plan to introduce a presumption against prison sentences of up to 12 months. This should be limited to 1 September 2017 to present. 2. copies of any letters/emails sent by members of the public to the Cabinet Secretary for Justice on the subject of the Scottish Government’s plan to introduce a presumption against prison sentences of up to 12 months. This should be limited to 1 September 2017 to present.

Response

I enclose a copy of all of the information you requested.

An exemption(s) under section 38(1)(b) of FOISA (personal information) applies to all of the information you have requested because it is personal data of a third party, i.e. names and addresses of correspondents, 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

An exemption(s) under section 38(1)(b) of FOISA (personal information) applies to all of the information you have requested because it is personal data of a third party, i.e. names and addresses of correspondents, 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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