- 3 Sep 2018
FOI reference: FOI/18/02031
Date received: 30 July 2018
Date responded: 28 August 2018
1. All internal SGRIPD correspondence pertaining to Auchencheyne Ltd, Auchencheyne, Moniaive, Dumfries DG3 4EW, their representatives or their directors.
2. Any correspondence between SGRID and BCMS relating to Auchencheyne Ltd,
Auchencheyne, Moniaive, Dumfries DG3 4EW their representatives or their directors.
3. All correspondence between SGRID and any third party pertaining to Auchencheyne Ltd, Auchencheyne, Moniaive, Dumfries DG3 4EW their representatives or their directors.
The request is for the time period from 30th May 2018 until 30th July 2018.
I enclose a copy of most 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 exemptions under s.30(c) (effective conduct of public affairs) and s.38(1)(b) (personal information) apply. The reasons why those exemptions apply are explained below.
Reasons for not providing information
An exemption applies.
An exemption(s) under section(s) s.38(1) of FOISA applies to some of the information you have requested because it is personal data of a third party, ie names and details of officials
of the Scottish Government and other organisations, names and details of third parties including representatives and customers of Auchencheyne Ltd, personal phone numbers, etc, and disclosing it would contravene the data protection principles in 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.
An exemption applies, subject to the public interest test.
An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. Disclosing this information would substantially prejudice our ability to conduct investigations under the cross-compliance procedures because it would undermine the ability of relevant authorities to investigate thoroughly. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.
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. We recognise that
there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the process of conducting cross-compliance investigations and ensuring that the Scottish Government is able conduct this aspect of its business effectively. These investigations are a key part of our the mechanisms for regulating the identification and traceability of cattle in Scotland, which is itself a vital protection to public health and to the interests of our hugely important beef and cattle industry.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House