FOI/202600522451 · FOI · partially withheld
Cabinet Secretary for Health communications regarding mycare.scot: FOI release
Information requested
All communication to and from Neil Gray between January 2026 and June 12 2026 about mycare.scot / Scotland's NHS digital front door/ an NHS app.
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 because exemptions under section: S.27(1) (information intended for future publication), s.29(1)(a) (policy formulation), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views), section 30(c) (prejudice to effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA apply to that information.
Section 29(1)(a)
An exemption under section 29(1)(a) of FOISA (Formulation/development of government policy) applies to some of the information you have requested. This exemption applies because the information relates to the ongoing and live formulation and development of policy on MyCare.scot. Disclosure at this stage would risk exposing draft or provisional policy positions before they have been finalised.
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 public interest in release because of the significant public interest in MyCare.scot programme and how it is being developed. However, this is outweighed by the public interest in protecting the space needed for officials to fully consider policy positions before decisions are finalised.
Section 30(b)(i)
An exemption under section 30(b)(i) of FOSIA (free and frank provision of advice) applies to some of the information you have requested. This exemption applies because the information contains advice provided by officials, and disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice in the future.
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 public interest in release to demonstrate that decisions are informed by robust advice. However, this is outweighed by the public interest in ensuring officials can continue to provide full and candid advice.
Section 30(b)(ii)
An exemption under section 30(b)(ii) of FOSIA (free and frank provision of views) applies to some of the information you have requested. This exemption applies because the information captures an exchange of views between officials, ministers and stakeholders for the purposes of deliberation, and disclosure would, or would be likely to, inhibit substantially the free and frank 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 some public interest in release to show how different perspectives are considered. However, this is outweighed by the public interest in preserving a safe space for candid discussions while this programme development remains live.
Section 30(c)
An exemption under section 30(c) of FOSIA (prejudice to effective conduct of public affairs) applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs, given the information relates to work that is still live and developing.
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 some public interest in release to support accountability for public affairs. However, this is outweighed by the public interest in allowing the ongoing work to be conducted effectively, without the disruption that premature disclosure could cause.
Section 38(1)(b)
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, i.e. names 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.
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 because exemptions under section: S.27(1) (information intended for future publication), s.29(1)(a) (policy formulation), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views), section 30(c) (prejudice to effective conduct of public affairs) and s.38(1)(b) (personal information) of FOISA apply to that information. Section 29(1)(a) An exemption under section 29(1)(a) of FOISA (Formulation/development of government policy) applies to some of the information you have requested. This exemption applies because the information relates to the ongoing and live formulation and development of policy on MyCare.scot. 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.