- 29 Mar 2019
Date received: 18 Mar 2019
Date responded: 29 Mar 2019
I am writing to you under the aforementioned F.O.I. Act, as a shareholder in the township of Newvalley for access to all and every document pertaining to the above township, that have been submitted by our committee, clerk
I can confirm that I require all information pertaining to our township but, initially, I would like to deal with all applications submitted 2018 onward for grant etc, in order to speed up the process.
The information you requested in relation to applications submitted from 2018 onwards has been provided and is associated with this letter.
After having checked our local records I can confirm that there have been no submissions prior to the year 2018.
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.38(1)(b) (personal information) and s.33(1)(b) (commercial interest) of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.
REASONS FOR NOT PROVIDING INFORMATION
An exemption applies
An exemption(s) under section(s) s.38(1) of FOISA applies to some of the information you have requested. This exemption applies as the documents contain some personal details of third parties, such as names and addresses, and to release them would contravene with current data proteccion legislations.
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 interest) of FOISA applies to some of the information you have requested. This exemption applies because disclosure of tenders details would substantially prejudice the ability to submit competitive tenders and so could significantly harm their commercial business.
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 a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.
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