- 28 Mar 2018
FOI reference: FOI/18/00482
Date received: 10 February 2018
Date responded: 13 March 2018
Information on ADDs (Acoustic Deterrent Devices), predator control and salmon farms since 3 May 2017, including an updated version of the spreadsheet of 2 June 2017, and any correspondence with SNH, salmon farming companies, SMRU, St Andrews University, RSPCA, RSPCA Assured, Freedom Food, supermarkets and any other persons in relation to the use of ADDs on Scottish salmon farm during 2017.
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.
We hold no updated version of the data spreadsheet referred to in your request so I am unable to provide this. While our aim is to provide information whenever possible, in this instance, the Scottish Government does not have the information you have requested. Therefore we are refusing these aspects of your request under the exception at regulation 10(4)(a) of the EIRs for the reason explained above.
I enclose copies of all correspondence concerning the use of ADDs at fish farms during 2017 that is additional to that already provided in response to your previous request of 3 May 2017.
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.
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