FOI/2024004427156 · FOI · partially withheld
Scottish Information Commissioner and Freedom of Information Appeal: FOI release
Information requested
I would like to put in a FOI request for a copy of all the information that was disclosed to the original applicant and the additional information that the Scottish Information Commissioner decided had been wrongly withheld from them. It relates to the following:
Decision Notice 083/2024: Communications relating to an appeal
Authority: Scottish Ministers
Case Ref: 202101333
Decision
The Commissioner finds that the Authority partially complied with Part 1 of the Freedom of Information (Scotland) Act 2002 (FOISA) in responding to the information request made by the Applicant. The Commissioner finds that by correctly withholding information under 26(c), 30(b) and (c), 35(1)(g) and 36(1) of FOISA, the Authority complied with Part 1.
However, by wrongly withholding some information under section 30(b)(i) and (ii) of FOISA, the Authority failed to comply with section 1(1) of Part 1.
The Commissioner therefore requires the Authority to provide the Applicant with the information that was wrongly withheld under section 30(b)(i) and (ii) of FOISA by 24 June 2024.
Also, I put in a FOI request previously for the withheld documents regarding Decision Notice 072/2024: Information relating to the handling of an information request
Authority: Scottish Ministers
Case Ref: 202101331
Response
I enclose a copy of most 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 an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. This exemption covers the name of the original requester of the material, and the names of Scottish Government staff below the level of Senior Civil Servant, who replied to those initial requests.
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
However, by wrongly withholding some information under section 30(b)(i) and (ii) of FOISA, the Authority failed to comply with section 1(1) of Part 1. The Commissioner therefore requires the Authority to provide the Applicant with the information that was wrongly withheld under section 30(b)(i) and (ii) of FOISA by 24 June 2024. 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 an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. This exemption covers the name of the original requester of the material, and the names of Scottish Government staff below the level of Senior Civil Servant, who replied to those initial requests. 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.