FOI/202500456627 · FOI · already published
Correspondence between Scottish Government former head of Cabinet, Parliament and Governance and Former Independent Adviser to the Scottish Government: FOI release
Information requested
I would like copies of all the correspondence between James Hynd & James Hamilton including any correspondence from James Hynd that references James Hamilton in them.
Response
Having considered your request and conducted appropriate and proportionate searches, I enclose some of the information you requested as PDF documents attached to this email.
However, whilst it is 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 25(1) – Information otherwise accessible, Section 30 (c) – The effective conduct of public affairs, Section 38 (i)
(b) – Personal data of a third party apply to that information.
The reasons why these exemptions apply are set out in the annex to this letter.
ANNEX
An exemption applies under Section 25(1) of FOISA as we do not have to give you information which is already reasonably accessible to you. To assist you, please see the link supplied below. If, however, you do not have internet access to obtain this information from the website listed below, then please contact me again and I will send you a paper copy.
Written question and answer: S5W-31054 | Scottish Parliament Website
An exemption under section 30(c) (the effective conduct of public affairs) of FOISA applies to some of the information you have requested. This is to enable the parties to consider and discuss issues raised in a private space.
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, this is outweighed by the public interest in allowing the consideration of matters to be undertaken in a private space.
An exemption applies under Section 38(1)(b) to some of the information because it is personal data of a third party. Disclosing this 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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Detected exemption language
However, whilst it is 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 25(1) – Information otherwise accessible, Section 30 (c) – The effective conduct of public affairs, Section 38 (i) (b) – Personal data of a third party apply to that information. The reasons why these exemptions apply are set out in the annex to this letter. ANNEX An exemption applies under Section 25(1) of FOISA as we do not have to give you information which is already reasonably accessible to you. Written question and answer: S5W-31054 | Scottish Parliament Website An exemption under section 30(c) (the effective conduct of public affairs) of FOISA applies to some of the information you have requested. This exemption is subject to the ‘public interest test’.