FOI/202500495825 · FOI · partially withheld
Correspondence which mentions NHS Fife and the Scottish Information Commissioner: FOI release
Information requested
"...all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings and analysis, which mentions NHS Fife and the Scottish Information Commissioner, from the last month?"
Response
I enclose a copy of some of the information you requested in PDF format.
An exemption(s) under section 36(1) of FOISA applies to some of the information you have requested. Section 36(1) applies where information consists of communications in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. This includes legal advice and communications forming part of a request for, or the provision of, such advice.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in transparency and openness around how the Scottish Government considers matters relating to Freedom of Information compliance by public bodies.
However, this is outweighed by the public interest in ensuring that Ministers and officials are able to seek and receive full, frank, and confidential legal advice. Legal professional privilege is a fundamental principle whichsupports effective and lawful decision making. Disclosure of this information would undermine that principle and could inhibit the Scottish Government’s ability to obtain candid legal advice in 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
An exemption(s) under section 36(1) of FOISA applies to some of the information you have requested. Section 36(1) applies where information consists of communications in respect of which a claim to confidentiality of communications could be maintained in legal proceedings. This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.