FOI/202500498746 · FOI · partially withheld
All documentation which mentions Taiwan: FOI release
Information requested
Could you supply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, which mentions Taiwan, from the last month?
Response
I enclose a copy of some of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested.
An exemption under section 29(1)(a), Formulation or Development of Government Policy, of FOISA applies to some of the information that you requested. This exemption applies because the information relates to the formulation or development of government policy.
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. However, this is outweighed by public interest in ensuring Ministers and officials have space in which to develop and refine policy ideas.
An exemption under section 32(1)(a), international relations, of FOISA applies to some of the information that you requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially relations between the UK and another state and the promotion or protection by the UK of its interests abroad.
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 ensuring the protection of the UK’s interests abroad.
An exemption under section 38(1)(b), personal information, of FOISA applies to some of the information you requested because it is personal data of a third party (i.e. 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.
An exemption under section 33(1)(b), commercial interests, of FOISA applies to some of the information you requested. The reason section 33(1)(b) applies to the information requested is because disclosure would, or would be likely to, prejudice substantially the commercial interests of any person. “Person” includes a public authority, company and partnership.
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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemption.
We recognise that there is some public interest in disclosing information as part of open government and transparency. However, this is outweighed by the public interest in ensuring the smooth and safe operation of the commercial interests of Scottish organisations.
About FOI
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Detected exemption language
An exemption under section 29(1)(a), Formulation or Development of Government Policy, of FOISA applies to some of the information that you requested. This exemption applies because the information relates to the formulation or development of government policy. 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.