FOI/202600501452 · FOI · partially withheld
Scottish Museum of Empire, Slavery, Colonialism and Migration correspondence: FOI release
Information requested
I am requesting all correspondence (including emails, meeting minutes, etc.) involving Scottish Government officials or ministers, regarding the new Scottish Museum of Empire, Slavery, Colonialism and Migration, between 1/7/2025 and the present (14/1/2026).
Response
I have enclosed a copy of most of the information you requested from the Culture Directorate. Whilst 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 apply to the information. Further information on the exemptions applied and the reason why these apply can be found at Annex A to this letter.
Annex A
Exemptions apply
Section 38(1)(b) – Personal Information Section 38(1)(b) applies to information that is the personal data of individuals other than the requester. Disclosure of this information would contravene the data protection principles set out in the UK General Data Protection Regulation and the Data Protection Act 2018, particularly the principles of fairness and lawfulness. Individuals would not reasonably expect their personal data—such as names, contact details or other identifying information—to be released publicly in response to an FOI request.
This exemption is absolute, meaning the public interest test does not apply.
Section 30(b)(i) – Free and Frank Provision of Advice Section 30(b)(i) applies where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. The withheld information contains professional advice provided as part of internal decision‑making processes. Releasing this information would be likely to create a chilling effect, making officials or stakeholders more cautious in giving honest, detailed advice in the future. This would undermine the quality of decision‑making.
As this exemption is qualified, the public interest test applies.
Section 30(b)(ii) – Free and Frank Exchange of Views for the Purposes of Deliberation Section 30(b)(ii) applies where disclosure would, or would be likely to, inhibit the free and frank exchange of views during internal deliberations. The information includes open and exploratory discussions between officials and/or stakeholders. Disclosure would be likely to inhibit similar future discussions, reducing the ability of staff to explore options, raise concerns, and debate issues fully and honestly.
This exemption is qualified, so the public interest test applies.
Section 33(1)(b) – Substantial Prejudice to Commercial Interests Section 33(1)(b) applies where disclosure would, or would be likely to, cause substantial prejudice to the commercial interests of an organisation or individual. The withheld information includes commercially sensitive material.
This exemption is qualified, and therefore the public interest test applies.
Section 29(1)(a) – Formulation or development of Scottish Government Policy Section 29(1)(a) applies where the disclosure would, or would be likely to, undermine a process. The withheld material forms part of the ongoing formulation and development of Scottish Government policy, and releasing it prematurely would undermine that process.
This exemption is qualified, and therefore the public interest test applies.
Section 29(1)(b) – Ministerial communications Section 29(1)(b) applies because the withheld information contains communications between Ministers, and releasing it would undermine the private space required for Ministerial discussion and decision‑making.
This exemption is qualified, and therefore the public interest test applies.
Section 30(c) – Otherwise prejudice effective conduct of public affairs Section 30(c) applies because the withheld information concerns the internal operation and administrative processes of the Ministerial Private Office, and disclosure would be likely to substantially prejudice the effective conduct of public affairs by undermining the efficient management of Ministerial business.
This exemption is qualified, and therefore the public interest test applies.
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
Whilst 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 apply to the information. Further information on the exemptions applied and the reason why these apply can be found at Annex A to this letter. Annex A Exemptions apply Section 38(1)(b) – Personal Information Section 38(1)(b) applies to information that is the personal data of individuals other than the requester. This exemption is absolute, meaning the public interest test does not apply. Section 30(b)(i) – Free and Frank Provision of Advice Section 30(b)(i) applies where disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice.