- 16 Jan 2019
Date received: 6 December 2018
Date responded: 4 January 2019
“all emails and phone calls between Stirling Landlord Team and any Scottish Government employee regarding the issues I have raised.”
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 an exemption under section 38(1)(a) (personal data relating to the applicant) and section 38(1)(b) (personal data relating to third party) of FOISA applies to that information. The information which falls under these exemptions has been redacted on the documents. The reasons why these exemptions apply are explained in the Annex to this letter.
In addition, documents presented by yourself; an extract from landlord registration search form and an extract from the land register for the relevant property have not been released as you forwarded these documents to the Scottish Government and hold the originals.
An exemption under section 38(1)(a) of FOISA (personal data relating to the applicant) applies to some of the information you have requested. The exemption applied is in relation to personal data which is exempt from disclosure. Examples of information not released is your name and email address. Although the documents are being released to you personally, documents issued under a Freedom of Information request is disclosed into the public domain.
An exemption under section 38(1)(b) of FOISA (personal data relating to third party) applies to some of the information you have requested. This exemption applies because it is personal data relating to an identified or identifiable natural person, such as the names (or other identifying information) of officials and other natural persons and an address. 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.
Both of these exemptions are 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.
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