· FOI · already published
Scotland Act 1998 (Agency Arrangements) (Specification) Order 2018, related material: FOI review
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Detected exemption language
Response to Review Request In accordance with section 21(4) of FOISA, I have also reached a decision on 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 a number of exemptions under sections of FOISA apply to that information. The specific exemptions, and the reasons why they have been applied, are detailed below. Reasons for not providing information An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party (in this case, names and contact details of Scottish Government staff below the grade of Deputy Director), 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.