FOI reference: FOI/18/03707
Date received: 11 December 2018
Date responded: 14 January 2019
Locate and supply a "Welfare Report on Vacasay salmon farm, from a visit conducted by APHA on the 5th September 2018" and "submitted to the Scottish Government on or around the 10 September 2018" 2018.
I enclose a copy of some 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 an exemption(s) under section(s) s.33(1)(b) (commercial interests) and s.38(1)(b) (personal information of a third party) of FOISA applies to that information. The reasons why that exemption(s) applies are explained below.
Reasons for not providing information
An exemption applies.
An exemption(s) under section 38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies because the information 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 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 s.33(1)(b) (commercial interests) of FOISA applies to some of the information you have requested. This exemption applies because disclosure of potentially commercially and financially sensitive information has the potential to have a detrimental effect on businesses' commercial revenue and reveal information that may be market sensitive or of use to competitor businesses. As such this particular information would, or would be likely to, prejudice substantially the commercial interests of the Scottish Salmon Company.
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 some public interest in release because this will increase transparency in the inspection processes used by APHA. However, this is outweighed by the possibility of financial loss to the company, even where potential problems have been resolved, and by the public interest in ensuring that APHA retains good working relationships within the industry in order that they may carry out their statutory duties efficiently and effectively.
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