FOI/202400395590 · FOI · partially withheld
Scottish Land Commission Chair Appointment: FOI release
Information requested
Information regarding correspondence between Scottish Government Ministers and officials with reference to the proposed appointment of Michael Russell as Chair of the Scottish Land Commission. You requested disclosure of any emails, letters or messages sent between Scottish Government Ministers or officials, including Special Advisers, over the period of the last 24 months that reference Michael Russell, and the recruitment process for replacing Andrew Thin as Chairman of the Scottish Land Commission.
Response
We have interpreted this as correspondence which reference Michael Russell and the process of appointing the Chair of the Scottish Land Commission specifically, as opposed to correspondence regarding the wider appointment process.
Response to your request
I enclose a copy of most of the information you requested in the format you asked for. While our aim is to provide whenever possible, in this instance, in the information provided we have redacted work and personal telephone numbers and the names and contact details of all staff below Senior Civil Service (SCS) level. This is formal notification that we are unable to provide all of the information you have requested and 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 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. An exemption under 38(1) (a) - Personal data of the applicant also applies to attachment 1 to email 31. These exemptions are 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. Exemptions under section(s) s30(b)(i) free and frank advice; s30(b)(ii) free and frank exchange of views has also been applied. These exemptions are 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 the release of communications with Parliamentary committee clerks, however, this is outweighed by the public interest in ensuring future effective working with Parliamentary committee clerks.
I enclose a copy of the information you requested with this letter.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Detected exemption language
This is formal notification that we are unable to provide all of the information you have requested and 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 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. An exemption under 38(1) (a) - Personal data of the applicant also applies to attachment 1 to email 31. These exemptions are 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. Exemptions under section(s) s30(b)(i) free and frank advice; s30(b)(ii) free and frank exchange of views has also been applied. These exemptions are subject to the 'public interest test'.