- 12 Sep 2018
Date received: 20 August 2018
Date responded: 12 September 2018
“I would be obliged if you could tell me if you have received any complaints of diesel or any other potentially hazardous liquid materials on the A828 roadway between Connel and Ballachulich between 12/8/18 and 19/8/18.”
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.
In response to your request, please refer to Annex A which details the complaints received from members of the public in relation to diesel or any other potentially hazardous liquid materials on the A828 between Connel and Ballachulich between 12/8/18 and 19/8/18.
Annex B is an extract from the call log which details reports from Police Scotland of fuel spills on the A828.
We have applied an exception under regulation 11(2) of the EIRs (personal information) applies to some of the information contained in Annex A 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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House