· FOI · partially withheld
Former Chief Constable of Police Scotland: FOI release
Information requested
Copies of all correspondence made or received by the Cabinet Secretary for Justice, Michael Matheson, and his office in relation to Phil Gormley's case, from July 2017.
Response
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 sections 30(b)(i) (free and frank provision of advice), 30(c) (effective conduct of public affairs), 36(1) (confidentiality in legal proceedings), 36(2) (actionable breach of confidence) and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.
In addition, some of the information you have requested formed part of the papers for the Scottish Parliament Public Audit and Post-legislative Scrutiny Committee session of 25 January, and is available online at the following link:
http://www.parliament.scot/S5Public_Audit/Meeting%20Papers/Agenda_and_Papers-_25_Jan_2018.pdf
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
Detected exemption language
Response 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 sections 30(b)(i) (free and frank provision of advice), 30(c) (effective conduct of public affairs), 36(1) (confidentiality in legal proceedings), 36(2) (actionable breach of confidence) and 38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below. In addition, some of the information you have requested formed part of the papers for the Scottish Parliament Public Audit and Post-legislative Scrutiny Committee session of 25 January, and is available online at the following link: http://www.parliament.scot/S5Public_Audit/Meeting%20Papers/Agenda_and_Papers-_25_Jan_2018.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 An exemption applies Section 36(2) – actionable breach of confidence An exemption under section 36(2) of FOISA (actionable breach of confidence) applies to some of the information requested because it was obtained in confidence from a third party, and disclosure would constitute an actionable breach of confidence. 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.