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FOI/202600500395 · FOI · partially withheld

Communications between the Scottish Government and the former adviser on the ministerial code: FOI release

Published
2026-07-24
Received
2026-01-06
Responded
2026-02-03
Directorate
Propriety and Ethics Directorate
Topic
Public sector, Work and skills
Exemptions
38(1), 34(1)

Information requested

All communications between the Scottish Government and Mr James Hamilton, the former advisor on the ministerial code since September 1st 2025 to present day.

Response

In relation to your request, some of the information is enclosed.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to an exemption under section 38(1)(b) of FOISA.

Section 38(1)(b) applies because it is personal data of a third party, for example names of individuals or other personal data, 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.

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

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested due to an exemption under section 38(1)(b) of FOISA. Section 38(1)(b) applies because it is personal data of a third party, for example names of individuals or other personal data, 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.

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