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Details of the working group members of the "Health and Wellbeing Questionnaire Content Group"

M Kelly made this Freedom of Information request to Scottish Government

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I am writing to you under the Freedom of Information Act 2000 to request the information detailed below.

The document "Health and Wellbeing Census: frequently asked questions" states the Scottish Government set up the "Health and Wellbeing Questionnaire Content Group" with a remit of creating a complete set of age/stage appropriate questions for use in a Health and Wellbeing Census, and then to draw on these questions to produce a recommended set of questionnaires.
https://www.gov.scot/publications/health...

Can you please supply details of all members - and associated organisations - of the Health and Wellbeing Questionnaire Content Group since it was established in April 2018.

Yours faithfully,

M Kelly

Scottish Government

Our Reference: 202100258663
Your Reference: Freedom of Information request - Details of the working
group members of the "Health and Wellbeing Questionnaire Content Group"

Dear M Kelly,

Thank you for your correspondence received on 29/11/2021. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 202100258663. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
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Scottish Government

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Please find attached a response to your correspondence.
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not necessarily reflect those of the Scottish Government.
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Scottish Government

1 Attachment

Please find attached a response to your correspondence.
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This e-mail (and any files or other attachments transmitted with it) is
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not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
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in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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Please pass this on to the person who conducts Freedom of Information reviews, specifically Graeme Logan, Director of Learning.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Details of the working group members of the "Health and Wellbeing Questionnaire Content Group"'.

I requested details of the members of the Health and Wellbeing Questionnaire Content Group and, while their titles were provided, their names were withheld as a result of application of an exemption under Section 38(1)(b) of the FOISA. No further explanation was provided for the application of the exemption detailing which of the three conditions of Section 38(1)(b) were applicable.

This working group, organised by the Scottish Government was to explore, at least partially, the questions within the school survey that is to presented to all Scottish school pupils. I would expect the members of a Government working group to be made public, in the spirit of transparency, when there may be significant societal consequences as a result of the group's work. There is clearly a public interest in knowing who members of the working group are, in my opinion, and according to the SCO's guidance on section 38(1)(b), "the personal data must be disclosed unless the public interest in withholding the personal data outweighs the public interest in disclosing it". I am assuming that you agree that the public interest test would determine there is a public interest to disclose the members' names and that conditions ii and iii do not apply.

When considering whether the first condition, calling on Article 5(1) of GDPR is relevant, I refer you to an example of a working group where this information is made available - of a comparable group in that the consequences will impact all Scottish citizens (and not just those of school age) as a result of data capture - the "Sex and Gender in Data Working Group" under the leadership of the Chief Statistician. Members of the working group can be found here : https://www.gov.scot/groups/sex-and-gend... . A second comparable example is the "Misogyny and Criminal Justice in Scotland Working Group" with details of the names of its membership here : https://www.gov.scot/groups/misogyny-and... . I'm afraid I do not understand why condition i of Section 38(1)(b) applies to the named members of the "Health and Wellbeing Questionnaire Content Group" but not to the named members of the "Sex and Gender in Data Working Group" or the "Misogyny and Criminal Justice in Scotland Working Group", and no attempt at explanation was provided in the response I received.

I wish to challenge the application of the Section 38(1)(b) exemption as there is clearly a precedent set by providing the members' names of the two example working groups I detailed. There is clearly a public interest in knowing the individuals involved in all three working group and no details were provided to explain why condition i applies to this FOI but not to the other two working group members.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

M Kelly

Scottish Government

Our Reference: 202100265412

Dear M Kelly,

Thank you for your correspondence sent on 17/12/2021. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202100265412. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies
The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

M Kelly left an annotation ()

I requested details of the members of the Health and Wellbeing Questionnaire Content Group, who were responsible for setting the questions in the 2021/2022 Scottish school survey.

On 16th Dec 2021 In response I was provided with the titles and positions of the members but not the names of the members. I have requested (17th Dec 2021) a review of this as other, comparable, Government working groups do publicly declare the names of the members, such as the Sex and Gender in Data Working Group and Misogyny and Criminal Justice in Scotland Working Group

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
**********************************************************************
 

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