- 13 Jul 2018
FOI reference: FOI/18/01643
Date received: 13 June 2018
Date responded: 11 July 2018
How many repairs did they carry out on the stretch of road during the period of time (despite not finding any issues with it themselves)?
How many reports of road defects did they receive from the public during the period of time above?
How many times did they pay compensation to motorists for damage caused by road defects during the period of time above?
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
I have numbered our response for ease of reference.
1. Please refer to Annex A which is details of planned repairs/works during December 2017 to February 2018. Annex B is the Inspection Defect Reports which is a list of all reactive repairs to the road.
2. Please refer to Annex C which contains details of complaints during December 2017 to February 2018. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
3. No payments were made for claims made for this section of road during this period.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House