- 26 Nov 2018
Date received: 25 October 2018
Date responded: 22 November 2018
2. If the response to question 1 is “yes”, please provide a copy of any papers comprising or setting out that analysis.
2. The analysis is set out in the Scottish Transport Appraisal Guidance (STAG) report Peter Brett Associates 2018, published on Transport Scotland’s website:
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 33(1)(b) and Section 38(1)(a).
Sections 33(1)(b) of FOISA (commercial interests) applies to some of the information you have requested, where disclosure would be likely to prejudice substantially the commercial interests of ferry operators.
Personal data relating to third parties has also been redacted under 38(1)(b) of FOISA. This exemption applies because the information is the personal data of third parties and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.
These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 commercial interests of ferry operators, particularly given the on-going procurement process for the Northern Isles ferry services.
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