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FOI/202500464645 · FOI · partially withheld

Meetings between The Bureau of Democracy, Human Rights, and Labor (DRL) and the Scottish Government: FOI release

Published
2025-09-17
Received
2025-05-06
Responded
2025-05-28
Directorate
Culture and External Affairs Directorate
Topic
Constitution and democracy, Public sector
Exemptions
38(1), 32(1)

Information requested

For the meeting in March between the US state department's Bureau for Democracy, Human Rights, and Labour (DRL), and the Scottish Government could you provide the following information:

1. The purpose and agenda of the meeting 2. Attendees 3. Any meetings notes or materials 4. Minutes'

Response

I enclose a copy of some of the information you requested at Annex A to this letter.

An exemption under section 38(1)(b) of FOISA applies to some the information you have requested. This is because it relates to the personal data of civil servants below Senior Civil Service grade. 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.

An exemption under section 32(1)(a) of FOISA applies to some the information you have requested. Under section 32(1)(a), information is exempt from disclosure if disclosure would, or would be likely to, substantially prejudice relations between the UK and any other State. 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 because of the importance of government work being conducted in an open and transparent manner . However, this is outweighed by the public interest in maintaining good relations with the USA. Where another State has the expectationthat c ommunications between that State and the UK Government, or the devolved governments, are confidential, subsequent disclosure may, in some cases, prejudice relations between the United Kingdom and that State. In this case, it is considered that this would be likely to happen and that the prejudice would be substantial. Disclosure is likely to inhibit the USA's willingness to have open dialogue with the UK or devolved governments in future, as they will have concern that such information might subsequently be disclosed.

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 38(1)(b) of FOISA applies to some the information you have requested. 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. An exemption under section 32(1)(a) of FOISA applies to some the information you have requested. Under section 32(1)(a), information is exempt from disclosure if disclosure would, or would be likely to, substantially prejudice relations between the UK and any other State. This exemption is subject to the 'public interest test'.

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