FOI/202600505102 · FOI · already published
Senior Special Adviser communications: FOI release
Information requested
Communications sent and received by Senior Special Adviser Jeanette Campbell during the week commencing Monday 2 February 2026.
Response
I enclose a copy of some of the information you requested in Annex A.
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 exemptions under Sections 25(1), 27(1), 29(1)(a), 29(1)(d), 30(b)(i), 30(b)(ii), 30(c) 33(1)(b) 38(1)(b) 39(1) of FOISA apply to that information.
Section 25 (1) Information otherwise accessible
Some of the information you have requested is publicly available. 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 from the website(s) listed, then please contact me again and I will send you a paper copy.
Section 27(1) (Information intended for future publication)
This is a formal notice that an exemption under section 27(1) of FOISA applies to some of the information you have requested. The information requested will be published within 12 weeks of your request. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. 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.
Section 29(1)(a) formulation or development of government policy
An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the development of Scottish 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
Section 29(1)(d) – Operation of any Ministerial Private Office
An exemption under section 29(1)(d) of FOISA (Ministerial private office) applies to some of the information requested because it relates to the operation of any Ministerial private office. 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, to ensure private offices operate efficiently and to inform public debate. However, there is a greater public interest in allowing Ministers a private space to engage with officials working to support on a range of ministerial duties and decisions. This private space also allows for all options to be properly considered, to enable effective operation of private office.
Section 30(b)(i) – Free and Frank Provision of Advice
The exemption of 30(b)(i) (Free and frank provision of advice) of FOISA applies because disclosure would, or would likely to, inhibit substantially the free and frank provision of advice for the purposes of deliberation. The exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position.
Section 30(b)(ii) – Free and Frank Exchange of Views
An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested. Although there is a public interest in disclosing information as part of open, transparent and accountable government, it is of greater public interest in allowing Ministers and officials a private space within which to communicate as part of the process of exploring and refining the Government's policy, until the Government as a whole can adopt a decision which is sound and likely to be effective.
Section 30(c) – substantial prejudice to the effective conduct of public affairs
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct public affairs .This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption. 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
Section 33(1)(b) – commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially commercial interests. 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.
Section 38 – Personal Information
We are unable to provide some of the information because an exemption under section 38(1)(b) (personal information) of FOISA applies to that information, this is 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. 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 39(1) – Health and Safety
An exemption under section 39(1) of FOISA applies to some of the information you have requested. This is because disclosure would, or would be likely to, endanger the physical or mental health or safety of an individual. This exemption is subject to the ‘public interest test’. We have found that, on balance, the public interest lies in favour of upholding 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
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 exemptions under Sections 25(1), 27(1), 29(1)(a), 29(1)(d), 30(b)(i), 30(b)(ii), 30(c) 33(1)(b) 38(1)(b) 39(1) of FOISA apply to that information. Section 25 (1) Information otherwise accessible Some of the information you have requested is publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. Section 27(1) (Information intended for future publication) This is a formal notice that an exemption under section 27(1) of FOISA applies to some of the information you have requested. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks.