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FOI/202300347388 Review of 202300342235 · FOI · partially withheld

Internal correspondence relating to FOIs 202200326847 and 202200320481: FOI review

Published
2024-01-23
Received
2023-03-22
Responded
2023-04-04
Directorate
Local Government and Housing Directorate
Topic
Public sector
Exemptions
30, 38(1)

Information requested

Information on the handling report, case management information, and all internal correspondence relating to FOIs 202200326847 and 202200320481, both before and after issue.

Response

I have concluded that a new decision should be substituted.

Having considered the points you have made regarding the use of redactions under section 30(b)(i) (free and frank provision of advice), we have concluded that the information that was previously redacted using this exemption can be released. Section 30(b)(i) allows us to withhold disclosure of advice/discussions that will substantially inhibit the free and frank provision of advice in the future. Information in the document that was previously redacted under this exemption relates to factual information or general comments/advice, the release of which would not substantially inhibit such discussions in the future. As a result a new response has been provided with the information released.

As explained in the response to your previous request, we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal data) of FOISA applies to that information.

Please also note in regards to reference to documents in draft form within the release, that FOISA/EIR gives a right of access to information as opposed to documents, and as the content of the draft minutes is not significantly different from the final versions which were released under your previous FOI/Review requests, they have not been released.

I enclose a copy of the information you requested.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Detected exemption language

Having considered the points you have made regarding the use of redactions under section 30(b)(i) (free and frank provision of advice), we have concluded that the information that was previously redacted using this exemption can be released. Section 30(b)(i) allows us to withhold disclosure of advice/discussions that will substantially inhibit the free and frank provision of advice in the future. Information in the document that was previously redacted under this exemption relates to factual information or general comments/advice, the release of which would not substantially inhibit such discussions in the future. As explained in the response to your previous request, we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal data) of FOISA applies to that information.

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