Ref No.: 12 23
Request Type: FOI
Date Received: 27/12/23
Date Responded: 26/01/24
Category: Expenses
Request
All correspondence, including internal correspondence between WICS, Audit Scotland and/or the Scottish Government about the expenses built up by WICS over the last two years, dating from January 1 2023 until the date of this FOI.
Clarification
I'm requesting correspondence between 01/01/23 and 27/12/23 and it should relate to expenses incurred during the financial year 2022-23 (01/04/22 - 31/03/23), further stating: It's expenses requested by WICS which went to the Scottish Government for checking, if possible.
Response
Many thanks for your request for information dated 27 December 2023 which asked for:
All correspondence, including internal correspondence between WICS, Audit Scotland and/or the Scottish Government about the expenses built up by WICS over the last two years, dating from January 1 2023 until the date of this FOI.
You provided further clarification on 10 January 2024 which confirmed:
I'm requesting correspondence between 01/01/23 and 27/12/23 and it should relate to expenses incurred during the financial year 2022-23 (01/04/22 - 31/03/23), further stating: It's expenses requested by WICS which went to the Scottish Government for checking, if possible.
We have handled your request in terms of the Freedom of Information (Scotland) Act 2002 (FOISA).
We disclose the attached information to you in response to your request. Please note that some of this information has been redacted on the basis that:
- It constitutes the personal data of the individuals concerned and is exempt from disclosure, or
- Disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation
Section 38(1)(b) of FOISA in conjunction with section 38(2A)(a) exempts information from disclosure where disclosure would contravene any of the data protection principles.
We consider that disclosure of this personal data would contravene the first data protection principle contained within Article 5(1)(a) of the UK GDPR. This principle provides that personal data must be processed lawfully, fairly and in a transparent manner. Lawfulness requires that the processing of the personal data must be supported by at least one of the legal bases listed within Article 6 of the GDPR.
Of the six available legal bases, the legal basis listed within Article 6(1)(f) of the UK GDPR is the most relevant when considering disclosure of personal data in response to FOISA requests. This provides that processing of personal data is lawful where it is necessary for the purposes of the legitimate interests pursued by a third party, but only where such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the individual subject of the personal data.
While we acknowledge that you have a legitimate interest in disclosure of the redacted information from transparency and accountability perspectives, we do not consider that disclosure is reasonably necessary for the purposes of such legitimate interests, for two reasons. First, the enclosed information is not devoid of utility, meaning or context as a consequence of the redacted information being withheld from disclosure. Secondly, the fundamental rights and freedoms of the relevant individuals in the protection of their personal data and their identities (contained within the redacted information) override any such legitimate interests in disclosure.
Section 30(b)(ii) of FOISA exempts information from disclosure if disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation.
There is clearly a strong public interest in protecting the effective conduct of public affairs however, this public interest outweighs the public interest in disclosure of information where the effective conduct of public affairs is, or is likely to be, substantially harmed.
The information that has been redacted from the enclosed information is a gathering of views and opinions which was continually evolving and changing and formed part of a process where those involved must be able to have a free and frank exchange of views before coming to a corporate decision.
While we acknowledge that you have a legitimate interest in disclosure of the redacted information from transparency and accountability perspectives, we do not consider that disclosure is reasonably necessary because the enclosed information is not devoid of utility, meaning or context as a consequence of the redacted information being withheld from disclosure. Furthermore, it is essential that free and frank discussions take place as part of due process. Therefore it has been found that the public interest is in withholding information.
In addition to the attached, you may wish to refer to the appendix within section B of our Governance Framework which is available on our website.
If you are dissatisfied with the way in which we have dealt with your request, you are entitled to request a review of our actions and decisions in relation to this request. Please note that in order for a review to take place, you must:
- Lodge a written “requirement for review” within 40 working days of the date of this response;
- Include your address for correspondence, a description of the original request and the reasons why you are dissatisfied; and
- Address the review request to:
Review Officer
Water Industry Commission for Scotland
First Floor
Moray House
Stirling
FK8 1QZ
The review will be handled by a member of staff who was not involved in the original decision. You will receive notice of the result of your review within 20 working days of us receiving your request for review.
If you remain dissatisfied with the decision that we issue once the review has been completed or if we fail to carry out a review, you are entitled to apply for a decision by the Scottish Information Commissioner and thereafter to the Court of Session on a point of law only.
Applications for Decision must:
- Be in writing or other permanent form;
- Contain your name and address for correspondence;
- Specify the request for information to which the application relates;
- Specify the particulars of your reasons(s) for the application; and
- Specify the particulars of your dissatisfaction of the review outcome.
The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
E-mail: enquiries@itspublicknowledge.info