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FOI/202600521932 · FOI · partially withheld

Abortion notification policy and consideration of additional data fields: FOI release

Published
2026-10-28
Received
2026-06-15
Responded
2026-07-13
Directorate
Population Health Directorate
Topic
Health and social care, Public sector
Exemptions
38(1)B, 30

Information requested

Any ministerial briefings, meeting minutes or decision papers created between 1 January 2020 and 31 December 2022 discussing whether Scotland's abortion notification process should collect additional information beyond the current statutory requirements, including information on the reasons for seeking an abortion or the circumstances surrounding conception.

If any such information was considered but not adopted, please include any recorded reasons for that decision.

Response

I enclose a copy of the information you requested.

An exemption under section s.38(1)b of FOISA applies to some of the information you have requested. This exemption applies because the material constitutes personal data of individuals other than the requester, and disclosure would contravene data protection principles set out in data protection legislation. Personal data must not be released where doing so would be unfair, unlawful, or unwarranted. As this exemption is not subject to the public interest test, we are required to withhold this information.

Some information within the documents we are releasing has been redacted under section 30(b)(ii) of the Freedom of Information (Scotland) Act 2002. This exemption applies where disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of providing advice. Officials must be able to discuss policy options and provide candid advice as part of the decision‑making process. Releasing this information would be likely to reduce the freedom with which such views are expressed in future. As this exemption is subject to the public interest test, we have considered whether the public interest in disclosure outweighs the interest in maintaining the exemption. On balance, we have concluded that the public interest lies in upholding the exemption to protect the integrity of ongoing and future policy discussions.

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

An exemption under section s.38(1)b of FOISA applies to some of the information you have requested. This exemption applies because the material constitutes personal data of individuals other than the requester, and disclosure would contravene data protection principles set out in data protection legislation. As this exemption is not subject to the public interest test, we are required to withhold this information. Some information within the documents we are releasing has been redacted under section 30(b)(ii) of the Freedom of Information (Scotland) Act 2002. This exemption applies where disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of providing advice.

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