FOI/202600516465 · FOI · not held
Scottish Medical Aesthetics Safety Group (SMASG) roundtable correspondence concerning non-surgical cosmetic procedures: FOI release
Information requested
Your request was for “information relating to the ministerial roundtable held at the Scottish Parliament on 13 June 2024 concerning non-surgical cosmetic procedures, reportedly convened by the Scottish Medical Aesthetics Safety Group (SMASG) and sponsored by Miles Briggs MSP”
You asked for:
1. Any briefing notes prepared for the Minister for Public Health and Women’s Health before the roundtable.
2. Any notes, minutes, summaries, or action points produced during or after the roundtable.
3. The full list of attendees at the roundtable, including all SMASG representatives and any external stakeholders present.
4. Any recorded information showing whether conflict of interest declarations were requested from external attendees.
5. Any conflict of interest declarations held for SMASG representatives who attended the roundtable.
6. Any correspondence between Scottish Government officials or ministers and SMASG representatives in the period from 13 June 2024 to 13 September 2024 concerning the roundtable or follow-up actions from it.
Response
Questions 1, 2 and 6
A search was conducted for briefings to the minister in advance of the roundtable; notes, minutes and summaries or action points produced during or after the roundtable, and; correspondence between Scottish Government officials or ministers and SMASG representatives in the period from 13 June 2024 to 13 September 2024 concerning the roundtable or follow-up actions from it.
Documents in scope and relating to these questions are at Annex 1.
Exemptions under sections 28, 30 and 38 of FOISA apply to some of the content of these documents.
Further information on these exemptions are provided towards the end of this letter.
Question 3
While we aim to provide information whenever possible, Scottish Government does not hold the full list of attendees of this meeting. Scottish Government was notified of potential attendees prior to the roundtable and they are listed in the briefing at Document 1 of Annex 1. Exemptions under sections 38 of FOISA applies in regards to some names. Scottish Government does not hold a list of the confirmed attendees and this is summarised at Document 2.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold some the information you have requested.
Questions 4 and 5
As the roundtable was organised by SMASG and sponsored by Miles Briggs MSP, the Scottish Government did not request conflict of interest declarations from attendees, including SMASG representatives, nor do we hold any such recorded information. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not the information you have requested.
Exemptions
Section 38 – Personal information
We are unable to provide some of the information you have requested in these documents because an exemption (section 38(1)(b) (personal information)) of FOISA applies. This is because some of this information is personal data of third parties, e.g. 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. Exemptions under section 38(1)(b) have been simply marked as ‘[Redacted - S.38(1)(b)]' throughout Annex 1.
Some of the personal information redacted under Section 38(1)(b) may be available elsewhere through published information provided by third parties, nonetheless the Scottish Government must still observe its obligations under GDPR and this exemption remains appropriate. Disclosing this information appear to contravene Article 21 of the UK GDPR and on balance the public interest in maintaining the privacy of those who engage with ministers appears to outweigh the public interest in releasing his information. In coming to this decision I have noted that the interest in understanding who ministers have heard from can be satisfied through provision of information about organisations represented at this meeting, release of personal information such as names does not appear to throw any additional light on the wider information being provided.
Section 30 – Prejudice to effective conduct of public affairs.
The documents also include exemptions under section 30(b) of FOISA (free and frank provision of advice or exchange of views). This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers. Exemptions under section 38(1)(b) have been simply marked as ‘[Redacted - S.30(b)]' throughout Annex 1.
Section 28 – Relations within the United Kingdom
Section 28 applies to some of the content of the briefing at Document 1. Section 28(1) of FOISA states that information is exempt information if its disclosure would, or would be likely to, prejudice substantially relations between any administration in the United Kingdom and any other such administration. The content of exempted text is advice or information freely provided by the UK Government, which may relate to their evolving policy positions.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. While disclosing the information may shed additional light and provide more background information on the Scottish and UK Governments’ work in this area, consideration in favour of withholding this information focused on the need to ensure ongoing good relationships with the UK Government and other UK administrations for future policy development and consideration of implementation issues. Exemptions under section 28(1) have been simply marked as ‘[Redacted - S.28(1)]' throughout Annex 1.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
Exemptions under sections 28, 30 and 38 of FOISA apply to some of the content of these documents. Further information on these exemptions are provided towards the end of this letter. Exemptions under sections 38 of FOISA applies in regards to some names. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not hold some the information you have requested. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not the information you have requested.