- 8 Feb 2019
Date received: 11 Jan 2019
Date responded: 6 Feb 2019
All correspondence between Scottish Ministers and the Scottish Gamekeepers Association between 01/01/2018 and 11/01/2019.
I attach a copy of most of the information you have 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 exceptions under regulation 10(5)(f) (substantial prejudice to interests of person who provided the information). The reason why this exception has been applied is explained below.
An exception under regulation 11(2) of the ElRs (personal information) also 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.
REASONS FOR NOT PROVIDING INFORMATION
An exception under regulation 10(5)(f) of the El Rs (substantial prejudice to interests of person who provided the 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 interests of the Scottish Gamekeepers Association who provided that information to the Scottish Government. They:
- were not under any legal obligation to give us that information;
- did not supply it in circumstances in which it could be made available; and
- have not consented to disclosure.
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. However, there is a greater public interest in protecting the interests of anyone, such as Scottish Gamekeepers Association who provided the Scottish Government with information on a confidential basis. Disclosing such information against the express wishes of the stakeholder is likely to undermine their trust in the Government and make them reluctant in future to share information with us.
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