· FOI · partially withheld
Communications in relation to Scottish Information Commissioner intervention: FOI release
Information requested
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Response
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Detected exemption language
For ease of reference: FOI-18-02110 is from pages 1 - 33 FOI-18-02111 is from pages 34 - 203 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 exemptions under the following sections of FOISA apply to that information: section 30(b)(i)(free and frank provision of advice) section 30(b)(ii)(free and frank exchange of views) section 38(1)(a)(personal information for which you are the data subject) section 38(1)(b)(personal information) The reasons why those exemptions apply are explained below. Some of the information that is within the scope of your request, the published intervention report for instance, is available from the website of the Scottish Information Commissioner at http://www.itspublicknowledge.info/nmsruntime/saveasdialog.aspx?lID=11760&sID=11121 You might also wish to note that a request that focused on the intervention report itself, was published on our website on 12 July: /publications/foi-18-01655/ 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 An exemption applies An exemption under section 38(1)(a) of FOISA applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to 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 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie the names and contact details of individual members of staff, 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.