Our Ref: GL058
Your Ref:
13 August 2021
Sent by email to:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx Dear Mr Lander
REQUEST UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 (“The
Act”)
Thank you for your request for information received on 20 July 2021 where you requested the
following information be provided to you:
“Please provide a copy of the 'Ethical Fundraising Policy' mentioned in the minutes of the
March meeting of Culture and Sport Glasgow.
In addition, please provide minutes, either in draft or final form, of any Board meetings which
have taken place since 31st March 2021.”
Culture & Sport Glasgow (trading as Glasgow Life) is treating your request as a request for
information under the Freedom of Information (Scotland) Act 2002. We can confirm that
Glasgow Life holds the information that you have requested.
Glasgow Life’s response to each of your questions are set out in the Annex to this letter.
On inspecting our records it would appear that some of the information requested is covered
by exemptions contained within the Act.
As you will see, some of the information has been redacted (blanked out). The reasons for this
are contained within the attached Annex. The Annex also explains why some of the requested
information has not been provided to you.
Right of Review
If you are dissatisfied with the way Glasgow Life has dealt with your request you are entitled
to require Glasgow Life to review its decision. Please note that for a review to take place you
must:
Lodge a written requirement for a review within 40 working days of the date of
this letter
Include your full name, a correspondence address, a description of the original
request and the reason why you are dissatisfied.
Include the reference number as provided at the top of this letter.
Address your request to the following Director
Director of Marketing and External Relations
Glasgow Life
38 Albion Street
Glasgow G1 1LH
Email:
xxx@xxxxxxxxxxx.xxx.xx
You will receive notice of the results of the review within 20 working days of receipt of your
request. The notice will state the decision reached by the reviewing officer as well as details
of how to appeal to the Scottish Information Commissioner if you are still dissatisfied with
Glasgow Life’s response. You must request an internal review by Glasgow Life before a
complaint can be directed to the Scottish Information Commissioner.
For your information, an appeal can be made to the Scottish Information Commissioner by
contacting his office as follows if you do remain dissatisfied with the outcome of the Glasgow
Life’s review decision:
Address:
Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS.
Email:
xxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxxx
Telephone:
01334 464610
You can also use the Scottish Information Commissioner’s online appeal service to make an
application for a decision:
www.itspublicknowledge.info/appeal If you wish to submit a complaint in relation to the manner in which Glasgow Life has handled
your request for information then you can do so by requesting that the Glasgow Life review
its decision. Details of how to request a review are set out in the above paragraph “Right of
Review”.
Yours sincerely
Information Compliance Team
Glasgow Life
https://www.glasgowlife.org.uk/the-small-print/privacy-statement-for-glasgow-life
ANNEX
Exemptions applied to your request
Under the terms of the Freedom of Information (Scotland) Act 2002 (
“the Act”), a request for
information can be refused where one or more of the exemptions contained within the Act
apply. In this instance, we are of the view that the exemptions noted below apply to the
information that you have requested. We are required to explain why we believe this to be the
case. The reasons why certain information has been withheld are noted below.
Response
1.
Please provide a copy of the 'Ethical Fundraising Policy' mentioned in the minutes of
the March meeting of Culture and Sport Glasgow.
Please find attached a copy of Glasgow Life’s Ethical Fundraising Policy.
You will note that some of the information contained within the attached documentation has been
redacted (blanked out). We are of the view that this information is exempt from release under
section 38(1)(b) of the Act. This means that disclosure of the information would involve releasing
personal information of individuals. This information consists of the name and email address of a
former employee.
Release of this information would breach the Data Protection Principles contained within Article 5(1)
of the UK General Data Protection Regulation. These require us to process personal information in
a lawful, fair and transparent manner.
The individuals concerned would not expect their personal details to be released in response to an
information request. In our opinion, it would be unfair to the individuals concerned for such
information to be released into the public domain.
2.
In addition, please provide minutes, either in draft or final form, of any Board
meetings which have taken place since 31st March 2021.
There has only been one Board meeting that has taken place since 31 March 2021, which was
held on 16 June 2021
This draft mintutes for this meeting are, in our opinion, exempt from a request under section 1 of the
Act because of the exemption contained in section 30(b)(ii) of the Act. In other words, in our opinion
disclosure of this information, would or would be likely to, substantially prejudice, the free and frank
exchange of views for the purposes of deliberation. The draft mintues require approval at the next
Board meeting scheduled to take place on 8 September 2021, Candid discussions and exchange of
views would be inhibited if information of this type were routinely released into the public domain
prior to approval.
While we believe the exemption contained in section 30(b)(ii) of the Act applies in this case, we
would still be obliged to release the information in response to your request unless the public
interest in maintaining the exemption outweighs the public interest in disclosing the information.
The Council acknowledges the significant public interest in openness and transparency and
therefore recognises that any request under section 1 of the Act is potentially in the public interest.
However, in dealing your request we have taken into consideration whether the public interest is
best served by disclosing or withholding the information. In conclusion we are not aware of any
particular public interest in the subject matter of your inquiry which would affect this balancing
exercise.
The information which you have requested is also, in our opinion, exempt from a request under
section 1 of the Freedom of Information (Scotland) Act 2002 because of the exemption
contained in section 27(1) of the Act. In other words, Glasgow Life intends to publish the
information requested within twelve weeks of the date of receipt of your request; more
specifically, we intend to publish it by means of placing the information on our website at.
https://www.glasgowlife.org.uk/about-us/board-agendas-and-minutes Copyright Notice
Please note that the information provided in response to your request is, unless otherwise
indicated, copyright © Glasgow Life 2021. It is supplied to you in terms of the Freedom of
Information (Scotland) Act 2002. Any further use by you of this information must comply with
the terms of the Copyright, Designs and Patents Act 1988 as amended and/or the Copyright
and Rights in Databases Regulations 1997. In particular, any commercial use or re-use of
the information provided requires the prior written consent of Glasgow Life.
Requests for such consent should be addressed to:
Director of Finance and Corporate Services
Glasgow Life
38 Albion Street
Glasgow G1 1LH
Email:
xxx@xxxxxxxxxxx.xxx.xx
Some or all of the information may be subject to third party copyright, in which case the
permission of the third party copyright holder may be required. No claim is made in respect
of third party copyright.
