FOI/202300385806 Review of 202300380848 · FOI · partially withheld
Former Minister for Health and Social Care meeting with Fiona Duncan, The Promise Scotland: FOI Review
Information requested
Original request 202300380848
Details of the meeting that took place between Humza Yousaf, then Minister for Health and Social Care and Fiona Duncan, the Promise Scotland, on the 1st November 2021. This should include the agenda, any papers/briefings provided to the Minister to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.
Response
I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for:
Details of the meeting that took place between Humza Yousaf, then Minister for Health and Social Care and Fiona Duncan, the Promise Scotland, on the 1st November 2021. This should include the agenda, any papers/briefings provided to the Minister to help prepare for the meeting, any papers used and discussed during the meeting and the note/minute taken from the meeting.
I have concluded that a different decision should be substituted, namely that the briefing provided to Mr Yousaf in advance of the meeting with Ms Fiona Duncan on 1st November 2021 can be released with one redaction under section 38(1)(b) of FOISA. This is attached separately to my letter.
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie the name of an employee, 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. 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.
I have also reviewed the searches undertaken to identify the held information which would fall within the scope of your request and I am satisfied that these searches were sufficient to have identified all of the information held.
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
I have concluded that a different decision should be substituted, namely that the briefing provided to Mr Yousaf in advance of the meeting with Ms Fiona Duncan on 1st November 2021 can be released with one redaction under section 38(1)(b) of FOISA. An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie the name of an employee, 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. 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.