- 26 Feb 2019
Date received: 6 Feb 2019
Date responded: 14 Feb 2019
“Could you oblige and please send me all recorded information in connection with an inspection report dated 10 November 2018 in relation to the M8 motorway Eastbound between junctions 31 and 30.
I am also interested in any reported defects at the same location but in both directions between the 1st September 2018 and the 11th November 2018”.
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.
Please refer to Annex A of this request which is the M8 Eastbound Inspection Defect Report for junction 30 and 31 between 1 September and 11 November 2018. This report includes the requested 10 November inspection.
Annex B is the M8 Westbound Inspection Defect Report for junction 30 and 31 between 1 September and 11 November 2018.
Annex C of this request is the incident reports for the time frame requsted. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested 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.
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 Andrews House