25-26/002

I refer to your request dated 01 April 2025 (FOI 25-26/002) for a “copy of the hearing” regarding a named individual “from 2018” which we have handled under the Freedom of Information (Scotland) Act (FOISA).

As you have requested personal data about third parties, we have considered your request in line with data protection requirements and relevant exemptions under FOISA.

As a result, we have considered your request in the context of the rights of the data subject in question as balanced against your legitimate interests as the requester, specifically in relation to Article 6(1)(f) of the UK GDPR, which provides that disclosure would be lawful if “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data…”.

Having considered the requirements under Article 6(1)(f) we consider that the information requested would generally only be shared for a limited time and for specific purposes; and that the rights and freedoms of the data subject would be prejudiced, as they would have no expectation that the information requested would be disclosed now into the public domain under FOISA. We therefore consider that the interest of the data subject in the records outweighs that of your interest to receive them for publication.

We have therefore, applied s38(1)(b) – personal information – to your request on the basis that disclosing the personal data that you have requested would contravene the data protection principle in Article 5(1)(a) of the UK GDPR, namely that “personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject”.

If you have any further specific legitimate interests in receiving this information, please contact us with this information. Should you wish to obtain any comment for publication, please do not hesitate to contact this mailbox.

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 do so.