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FOI/202500497374 · FOI · partially withheld

Historic Environment Scotland meeting note information: FOI release

Published
2026-02-24
Received
2025-12-08
Responded
2026-01-08
Directorate
Culture and External Affairs Directorate
Topic
Arts, culture and sport, Public sector
Exemptions
38(1), 34(1), 36(2)

Information requested

This is a follow up request to a previous FOI response. Your ref: 202500492731

The above referenced response includes a document titled “HES Meeting – High Level Note - 24th July 2025”.

Please provide a full list of people who were sent this document, naming recipients where possible, and listing job titles where naming is not possible.

For the period 24th July 2025 - date, please also provide any documentation or correspondence, by email or by direct messaging application, which discussed the contents of this document.

Response

In answer to your first question the following people were provided with a copy of ‘HES Meeting – High Level Note - 24th July 2025’:

Shona Riach Kenneth Hogg Lisa Baird Jamie MacDougall

A copy of ‘HES Meeting – High Level Note - 24th July 2025’ was also sent to three members of the Directorate for Culture and External Affairs.

We are unable to provide you with the job titles you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

In answer to your second question, I enclose a copy of the information you requested.

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 an exemption under sections s.38(1)(b) (personal information) and s36(2) (actionable breach of confidence) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

ANNEX

An exemption applies

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. it contains the names and/or job titles of some 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.

An exemption under section 36(2) of FOISA (actional breach of confidence) applies to some of the information you have requested because the information requested because it was obtained from Historic Environment Scotland and disclosure would constitute an actionable breach of confidence. This is because the information is confidential, was provided in circumstances which imposed an obligation on the Scottish Government to maintain that confidentiality, and unauthorised disclosure would be to the detriment of the Historic Environment Scotland who provided the information. 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

We are unable to provide you with the job titles you have requested because an exemption under section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter. 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 an exemption under sections s.38(1)(b) (personal information) and s36(2) (actionable breach of confidence) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter. ANNEX An exemption applies 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.

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