- 29 Jun 2020
Date received: 20 May 2020
Date responded: 18 Jun 2020
A copy of the lease in favour of the Borve tenants in relation to Boreray
I enclose a copy of the information you requested.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exceptions under regulations: reg 11(2) (personal data of third party), reg 10(5)(e) commercial interest of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.
REASONS FOR NOT PROVIDING INFORMATION
An exception applies
Regulation 11(2) – personal data of a third party
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 Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. 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.
Regulation 10 (5)(e) – commercial interest
An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by Borve Common Grazings Committee and thus cause harm to their commercial interests.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for public money. However, there is a greater public interest in protecting the commercial interests of an organisation or company which holds a lease with Scottish Government.
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 Andrews House