FOI/202600501151 · FOI · already published
Doctor strike documentation: FOI release
Information requested
All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, about doctor strikes, from the last month.
Response
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 the following exemptions of FOISA apply:
s.25(1) Information otherwise accessible s.38(1)(b) Personal data relating to third party s.30(b)(ii) Free and frank exchange of views s.30(b)(i) Free and frank provision of advice s.29(1)(a) Formulation or development of Scottish Government policy
In the interest of only providing information relevant to your request, parts of the released documents have also been marked as out of scope.
Annex to the standard response letter- Reasons for not providing information
Exemption(s) apply
Section 25 (1) Information otherwise accessible - some of the information you have requested is publicly available from Headlines & Current Issues | MSG. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.
The exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information requested because it is names/contact details of individuals 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.
The exemption under 30(b)(i) (free and frank exchange of views) applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view.
The exemption under 30(b)(ii) (free and frank provision of views) applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.
The exemption under s.29(1)(a) (formulation or development of Scottish Government policy) applies because disclosure would, or would be likely to, prejudice the formulation or development of Scottish Government policy. This exemption recognises the need for Ministers and officials to have a private space within which to develop policy options before announcing to the public. Disclosure of this discourse could hinder the Scottish Government’s ability to explore all policy options freely and fully.
Disclosing the content of these policy discussions would substantially inhibit the formulation or development of policy in the future.
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
Response 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 the following exemptions of FOISA apply: s.25(1) Information otherwise accessible s.38(1)(b) Personal data relating to third party s.30(b)(ii) Free and frank exchange of views s.30(b)(i) Free and frank provision of advice s.29(1)(a) Formulation or development of Scottish Government policy In the interest of only providing information relevant to your request, parts of the released documents have also been marked as out of scope. Annex to the standard response letter- Reasons for not providing information Exemption(s) apply Section 25 (1) Information otherwise accessible - some of the information you have requested is publicly available from Headlines & Current Issues | MSG. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. The exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information requested because it is names/contact details of individuals 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.