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FOI/202400437153 · FOI · partially withheld

Correspondence relating to the First Minister's review into Creative Scotland: FOI release

Published
2024-12-17
Received
2024-10-18
Responded
2024-11-15
Directorate
Topic
Arts, culture and sport, Public sector
Exemptions
30, 38(1), 34(1)

Information requested

Could you supply all documentation held by the Scottish Government, including correspondence (internal as well), minutes/notes from meetings, briefings, policy notes, about the review into Creative Scotland as announced by John Swinney in his programme for government, since September 1 2024 until this FOI?

Response

I enclose a copy of most of the information you requested. Please see attached your request in relation to the review of Creative Scotland.

Exemptions under section 30(b)(i) and section s.38(1)(b) of FOISA applies to some of the information you have requested as explained below:

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for officials to have a private space within which to advise Ministers. Disclosing the content of free and frank advice will substantially inhibit the space within which officials are able to provide free and frank advice to Ministers in future.

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, i.e. names, professions and contact details of individuals, 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.

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

Exemptions under section 30(b)(i) and section s.38(1)(b) of FOISA applies to some of the information you have requested as explained below: An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The exemption recognises the need for officials to have a private space within which to advise Ministers. 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, i.e. names, professions and contact details of individuals, 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.

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