FOI/202500450543 · FOI · already published
Information on Deepseek use: FOI release
Information requested
Please provide me with information on Deepseek and its use by the Scottish Government and any of its agencies. Please provide us with any internal or external correspondence, including any attachments, memos, minutes, notes, appendixes or other correspondence, relating to this application.
Response
DeepSeek is a Large Language Model (LLM) and is categorised as Generative AI. The guidance on the use of DeepSeek is therefore captured under the same guidance on all use of Generative AI by civil servants within the Scottish Government and agencies.
Please see Annex A for the guidance that complements the UK Government guidance.
I enclose a copy of most of the information you requested, which can be found in Annex B.
Some of the information you have requested is available from media stories that were available from all mainstream outlets. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information, then please contact me again and I will send you a paper copy of the media articles.
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(s) under section(s): s.38(1)(b), Personal data relating to third party, s.31(1), National Security and Section s.30(b)(1), Free and Frank exchange of Advice of FOISA applies to that information.
The reasons why that exemption(s) applies are explained in the Annex to this letter.
Annex to the standard response letter - Reasons for not providing information
An exemption applies
An exemption(s) under section(s) s.38(1)(b), Personal data relating to third party and s.25(1), Information otherwise accessible FOISA applies to some of 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. The Exemptions Proforma may help you explain why the exemption applies.
An exemption applies, subject to the public interest test
An exemption under section s.31(1), National Security and s.30(b)(1), Free and Frank exchange of Advice of FOISA applies to some of the information you have requested.
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 public interest of Generative AI. However, this is outweighed by the public interest in upholding the application of 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
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. 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(s) under section(s): s.38(1)(b), Personal data relating to third party, s.31(1), National Security and Section s.30(b)(1), Free and Frank exchange of Advice of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter. Annex to the standard response letter - Reasons for not providing information An exemption applies An exemption(s) under section(s) s.38(1)(b), Personal data relating to third party and s.25(1), Information otherwise accessible FOISA applies to some of 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.