Publication - FOI/EIR release

Dean Lockhart MSP, Transport Scotland - Correspondence on A84 Blairdrummond road: EIR release

Published: 4 Apr 2019

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Published:
4 Apr 2019
Dean Lockhart MSP, Transport Scotland - Correspondence on A84 Blairdrummond road: EIR release
FOI reference: FOI/19/00614
Date received: 4 Mar 2019
Date responded: 3 Apr 2019
Information requested

“All correspondence (emails, letters, memos, notes, minutes) between Dean Lockhart MSP (including the office of Dean Lockhart MSP) and Transport Scotland. I would like to request that the information relates to the A84 Blairdrummond road.”

To which you clarified the timeframe of your request as May 2016 to 4 March 2019.

Response

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 all correspondence between Dean Lockhart MSP and Tranport Scotland in relation to the A84 Blairdrummond Road.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie 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 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.

 

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FOI-19-00614 Annex A

16 page PDF
644.8 kB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
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Edinburgh
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