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FOI/202600516974 · FOI · partially withheld

Communications between the Scottish Government and Equality Network: FOI release

Published
2026-07-28
Received
2026-05-17
Responded
2026-06-17
Directorate
Equality, Inclusion and Human Rights Directorate
Topic
Equality and rights, Public sector
Exemptions
25(1), 29(1), 38(1), 30, 34(1)

Information requested

Please provide all correspondence, including emails and direct messages, agendas, minutes or notes of meetings or phone calls, between the Scottish Government and Equality Network. This should cover the period from 1st January 2026 to the date of this FOI.

Response

Some of the information you have requested is available online. 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 website(s) listed, then please contact me again and I will send you a paper copy. You can find some of the information on the Scottish Government website at: https://www.gov.scot/publications/foi-202600507518/

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 section(s) s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.30 (b)(i) (provision of advice) and s.30 (c) (likelihood to cause substantial prejudice) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in Annex to this letter.

We enclose copies of relevant documents identified following searches of our records.

ANNEX

Exemptions applied

An exemption applies ANNEX An exemption(s) under section(s) under section(s) s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.30 (b)(i) (provision of advice), s.30 (b)(i) (free and frank exchange of views) and s.30 (c) (likelihood to cause substantial prejudice) of FOISA applies to some of the information you have requested.

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of Scottish Government’s 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, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 38(1)(b) –personal data of a third party

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, 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

Section 30(c) – substantial prejudice to the effective conduct of public affairs

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to engagement with stakeholders as information relates to third sector organisation finances and advice. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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, there is a greater public interest in withholding the information and ensuring that the Scottish Government is able conduct its business effectively.

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

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. You can find some of the information on the Scottish Government website at: https://www.gov.scot/publications/foi-202600507518/ 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 section(s) s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.30 (b)(i) (provision of advice) and s.30 (c) (likelihood to cause substantial prejudice) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in Annex to this letter. ANNEX Exemptions applied An exemption applies ANNEX An exemption(s) under section(s) under section(s) s.29(1)(a) (policy formulation), s.38(1)(b) (personal information), s.30 (b)(i) (provision of advice), s.30 (b)(i) (free and frank exchange of views) and s.30 (c) (likelihood to cause substantial prejudice) of FOISA applies to some of the information you have requested. Section 29(1)(a) – formulation or development of government policy An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of Scottish Government’s policy.

Attachments

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