· FOI · partially withheld
A review of undercover policing in Scotland: FOI appeal
Information requested
No request text extracted.
Response
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Detected exemption language
Response Further to your correspondence with the Scottish Information Commissioner in relation to your appeal concerning FOI/18/00319, we have reconsidered the information previously withheld under section 29(1)(a) of FOI(S)A and are able to release the additional attached information in the first PDF. The second of the two items included four attachments: A copy of the Ministerial statement – this is publicly available and can be found at http://www.parliament.scot/parliamentarybusiness/report.aspx?r=11355&i=103263 A copy of the Q+A briefing (as mentioned above), A copy of the HMICS report – that is publicly available and can be found at https://www.hmics.scot/publications/strategic-review-undercover-policing-scotland A factual briefing note on investigatory powers (included on the second pdf.) Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Reasons for not providing information Please note that an exemption under section 38(1)(b) of FOISA (personal information) applies some of the information requested because it is personal data of a third party, eg 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. An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested.