- 7 Mar 2019
Date received: 15 Feb 2019
Date responded: 5 Mar 2019
1. Details of any correspondence, communications or requests sent from Police Scotland to BEAR Scotland in connection with the accident locus at the A83 at Strone Point, approximately 3 km north east of Inveraray on 13/07/2018 and;
2. Details of any works, including sweeping of the carriageway, completed or organised by BEAR Scotland between 13/07/2018 and 27/07/2018.”
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.
1. In response to your request please see attached Annex A which is the call log and incident report for the accident on 13/07/2018. 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.
2. Annex B is a Road Safety Audit report and a list of roadworks for 13/07/2018 to 27/07/2018. Annex C is all call logs for 13/07/2018 to 27/07/2018. Similar to Annex A, we have applied regulation 11(2) of the EIRs (personal information) to Annex B and C.
An exception under regulation 10(5)(a) of the EIRs (prejudice to public safety) applies to some of the information you have requested in Annex C. This exception applies because disclosure of information such as accident or injury details would likely affect the physical or mental health of the individual involved or their families.
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