· FOI · partially withheld
Correspondence relating to the handling of an FOI: FOI release
Information requested
Under the Freedom of Information (Scotland) Act 2002, I would like to request the following information:
All correspondence regarding FOI/18/00444 within the Scottish Government. Information should include: correspondence (emails, typed or handwritten notes, letters, phone calls, minutes of meetings, briefs or otherwise) between staff, special advisers, civil servants who have responsibility for dealing with FOI requests, and any other relevant parties, where the topic of not releasing, withholding or redacting an FOI is discussed.'
Response
I enclose a copy of the information you requested in annex A.
Some of the information you have requested is available from the following websites. All FOI's attached in the requested correspondence can be found at the following links –
/publications/foi-18-00444/
/publications/foi-17-02940/
On pages 5, 7 and 16 in Annex A emails that are attached in correspondence regarding FOI/18/00444 can be found in the published FO/18/00444 at the above link.
The published letter and table that are discussed in the requested correspondence can be found at -
http://www.parliament.scot/S5_Education/General%20Documents/20180315ESINCS_WitnessEngagement.pdf
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy
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. The reasons why that exemption applies is explained below.
Reasons for not providing information
Additionally, some information has been redacted in some of the correspondence you have requested. The reasons for this are explained below.
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, i.e. the names and contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. 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.
Additionally, sections of correspondence and attachments below have been redacted because the information does not fall under your request, and are marked as "redacted- out of scope".
Detected exemption language
The published letter and table that are discussed in the requested correspondence can be found at - http://www.parliament.scot/S5_Education/General%20Documents/20180315ESINCS_WitnessEngagement.pdf Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy 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. The reasons why that exemption applies is explained below. 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, i.e. 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.