24-25/44

I refer to your request for information dated 24 September 2024 (FOI 24-25/44) in which you referenced a named individual and asked for “all information held in relation to his name on the teaching register since I submitted my last related FOI” which we have handled under the Freedom of Information (Scotland)Act (FOISA).

We have interpreted this request to be for records between 13 September and 24 September related to a previous Freedom of Information response (FOI 24-25/40) in which we explained that a typographical error caused the named individual’s entry on our online Search the Register functionality to be temporarily unavailable.

With regards to your request, I have now conducted a search for the records and have identified relevant records relating to the scope of your request. The relevant records include the following:

• Various email exchanges sent internally regarding the Search the Register functionality;
• Screenshots of records displaying an audit history of various entries on our database;
• Explanations provided by colleagues regarding the matter on a Zendesk ticket.

Please find those records for disclosure to you under FOISA accompanying this response labelled FOI 24-25/44_Records.

You will note that the documents I have provided have been redacted in line with our obligations under FOISA. Where the redaction is in red, this has been done to protect the personal information of individuals as disclosing this information could enable individuals to be identified. FOISA does not require us to provide this sort of information as it is exempt under section 38(1)(b).

Where the redaction is in black, this has been done under section 30(c) as disclosure is likely to inhibit substantially the effective conduct of public affairs being the operation of GTC Scotland. Much of the records contain internal correspondence, audit histories, reports and screenshots of internal matters concerning the scope of this Freedom of Information request. If these were disclosed, we consider that contributors to them in the future would be dissuaded from doing so if they knew these could be disclosed under FOISA.

However, by way of advice and assistance, and in line with a previous response provided to you on this matter, I can explain again that the data subject was not “removed” from the Register during the period established by either your current or subsequent request. Due to a typographical error, there was a brief period during which their name did not display correctly on our Search the Register functionality. This is why we have chosen to provide an attached disclosure containing records identified as part of our search to demonstrate the cause of the anomaly.

You may contact informationgovernance@gtcs.org.uk if you are dissatisfied with this response, to request GTC Scotland conduct a review of it. You should describe the original request and explain your grounds of review. You have 40 working days from receipt of this response to submit a review request. When the review process has been completed, if you are still dissatisfied, you may use the Scottish Information Commissioner's guidance on making an appeal to make an appeal to the Commissioner.

You expressed dissatisfaction with the response provided to you on 22 October 2024 further to your information request dated 24 September 2024 (FOI24-25/45), which was handled under the Freedom of Information (Scotland) Act 2002 and asked for it to be reviewed. I have been appointed to undertake the internal review on behalf of GTC Scotland.

Your original request

In your original request you asked for the following:

Post me submitting my last FOI regarding named individuals name being removed from the GTCS's teaching register I require a copy of all information held in relation to his name on the teaching register since I submitted my last related FOI. This includes information related to whether or not his name was added back onto the register and or any subsequent changes made to his registration. I have been told that changes are done by IT and that this involves helpdesk tickets and if so I require a copy of them and any associated metadata related to this, i.e., database updates etc.

Our colleague responded to say that they had identified records relevant to your request but had withheld them as they believed that the exemptions set out in sections 30(c) and section 38(1)(b) of FOISA applied.

Your internal review request

On 27 October 2024 you confirmed that you were submitting a request for a review together with the grounds on which you are seeking a review.

I have reviewed the original request submitted, our initial response, and the relevant documentation held by GTC Scotland. In particular, I note in your review request that you emphasise that you are now “requesting that the audit history [be] shared” with you to cover any “Changed Fields involving name changes”. Although I believe that the exemptions applied in our initial response were relevant to the circumstances, on reviewing the records I have identified elements that I believe can be disclosed, which would not invoke the exemptions identified in our initial response, and which confirms the data subject to whom the registration status and typographical error relates.

Please find attached a copy of records for disclosure labelled “FOI 24-25_10_Records" accompanying this response. The remaining redactions have been applied as per our explanation below.

Section 30(c) – prejudice effective conduct

Where the records have been withheld under section 30(c)(redacted in black) this has been done as disclosure of them is likely to prejudice the effective conduct of GTC Scotland.

There is clear public interest in the transparent operation of public authorities to ensure accountability in the work that we do. However, we consider it to be essential to enable GTC Scotland to have a private space to review digital procedures. These were used entirely for personal use, to inform discussion and deliberation of the proposed incident. To disclose this information into the public domain would undermine the digital security of GTC Scotland and would likely result in compromises to our systems.

Public interest test

We are required to consider the public interest test when applying s30(c). While we accept of course, as noted above, that there is a public interest in transparency, accountability and scrutiny of public authorities we would argue that this must be balanced against the public interest in our ability to withhold sensitive information on our digital environment. We consider this to be an essential element of ensuring that the organisation maintains its digital security.

For this reason, I consider that the public interest in withholding the relevant information under s30(c) outweighs the public interest in disclosing it and thereby putting it into the public domain.

Section 38(1)(b) – personal data

Finally, the records contain personal data of third parties (redacted in red), i.e. data that identifies them and relates to them, which we consider would be unfair to disclose to you and put into the public domain, as it would be beyond their reasonable expectations and would not be reasonable or possible for us to notify them or seek their consent to disclosure. I have therefore applied the exemption in section 38(1)(b) of FOISA, to withhold this information from disclosure to you, as it would contravene the first data protection principle in Article5(1)(a) of the UK GDPR.

If you are dissatisfied with this response to your review request, you have a right of appeal to the Scottish Information Commissioner within 6 months of this review response. The Scottish Information Commissioner’s guidance on making an appeal describes the process, including the application form. Further information, including relevant contact details is available on its website.

If you are dissatisfied with the decision of the Commissioner, following an appeal to the Commissioner, you have aright of appeal to the Court of Session on a point of law.