Publication - FOI/EIR release

Transport Scotland and ScotRail correspondence - adjustments of performance benchmarks: FOI appeal

Published: 8 Apr 2019

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
8 Apr 2019
Transport Scotland and ScotRail correspondence - adjustments of performance benchmarks: FOI appeal
FOI reference: FOI/18/02719
Date received: 29 Jan 2019
Date responded: 20 Feb 2019
Information requested

A copy of all correspondence between Transport Scotland and ScotRail, TS officials and SG regarding adjustments to the performance benchmarks set out in the ScotRail franchise; and other documentation TS hold regarding the decision.

Response

I am writing to advise you that we have given some further consideration to your request and the information held within the scope of your request.

I can confirm that we have reconsidered our interpretation of the scope of your request. We have concluded that all of the information previously noted as being ‘out of scope’ would fall within the scope of your request. In addition, we have also given further consideration to the information previously withheld under section 30(b)(ii) (free and frank exchange of views) and have determined that this information can now be disclosed.

I have therefore enclosed a revised copy of all of the documents previously provided and apologise for the delay in providing this information.

You may wish to note that an exemption under section 38(1)(b) of FOISA (personal information) continues to apply to the information which has been redacted from the documents provided. This is because this information is the personal data of a third party, e.g. names/contact details of individuals, 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 exemption 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 exemption.

About FOI
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Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG