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FOI/202500454063 · FOI · partially withheld

Tenancy deposit schemes: FOI release

Published
2025-04-22
Received
2025-02-23
Responded
2025-03-20
Directorate
Local Government and Housing Directorate
Topic
Housing, Public sector
Exemptions
38(1), 34(1), 29(1)

Information requested

You asked for 'I would like to know information pertaining to the Tenancy Deposit Schemes. The information requested is: Has the Scottish Government carried out any feasibility study on whether any tenancy deposit schemes could be used to collect private rental levels? If so, can you provide it?'

Response

Following a search of our records, we have found one document in the scope of your request.

I have attached this document for your reference;

1) Document 1 - Fair Rents Scotland Bill - Advice to Ministers - PRS Data Development Options - Submission - 19 December 2019 - This document includes some information which falls within the scope of your query. This information considers the coverage and quality of data that may be achieved by using tenancy deposit schemes as a means to collect data, while also indicating required developments and noting that the feasibility and cost would require to be scoped out in more detail.

Section 38(1)(b) of FOISA was applied to some information in this document as it contained personal information relating to personnel of the Scottish Government. The exemption applied to the documents therefore remain as 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 29(1)(a) of FOISA was also applied to some information in this document that is not in scope of this request but form part of the broader formulation of government 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 in this area. This supports the provision of free and frank advice to Scottish Ministers.

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

Section 38(1)(b) of FOISA was applied to some information in this document as it contained personal information relating to personnel of the Scottish Government. The exemption applied to the documents therefore remain as 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 29(1)(a) of FOISA was also applied to some information in this document that is not in scope of this request but form part of the broader formulation of government policy. This exemption is subject to the ‘public interest test’.

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