Publication - FOI/EIR release

Bear Scotland and Transport Scotland road repair information: EIR release

Published: 19 Mar 2018
Part of:
Public sector
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Published:
19 Mar 2018
Bear Scotland and Transport Scotland road repair information: EIR release

FOI reference: FOI/18/00355
Date received: 6 February 2018
Date responded: 7 March 2018

Information requested

All contact information with Bear Scotland and Transport Scotland regarding the pothole just south of the Fort Augustus straight mile from 1.11.17 to present.

Please include call logs, emails, letters and all contact from the public, Police Scotland, Transport Scotland, emails between Bear employees and anything or anyone else relevant to this particular area of road from 1.11.17 to present.

Response

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.

Please see attached documents at Annex A in relation to your request. 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.

About FOI

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

FOI1800355 - Annex A.pdf

11 page PDF
543.4 kB

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG