INEOS Planning appeal: FOI release

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

Information requested

A copy of any written briefings, e-mails or minutes of meetings provided to the Minister by Scottish Government Civil Servants and/or advisors from the date of the report (20 November 2018) and the Minister’s decision letter (22 March 2019) in connection with the planning appeal (PPA-240-2051) at Ineos, Bo’ness Road, Grangemouth.


I attach a copy of all of the information you requested. An exception at Reg 11(2) applies to this information and is explained below.


Regulation 11(2) Applies

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) came into effect in May 2018, making many changes to data protection laws in the UK.
Regulation 11 of the Environmental Information (Scotland) Regulations 2004 (the EIRs) sets outs when personal data can and cannot be disclosed under the EIRs. Regulation 10(3) makes it clear that, where a request for environmental information includes personal data, the personal data must not be made available (i.e. disclosed) otherwise than in accordance with regulation 11.

Personal data must not be disclosed if it is:
• the personal data of the person requesting the information (regulation 11(1)
• the personal data of a third party – (regulation 11(2)

The exceptions in regulation 11 are generally absolute, which means that they are not subject to the public interest test. However, in two specific situations, the exception in regulation 11(2) is subject to the public interest test. This means that, even if the exception applies, the personal data must be disclosed unless, in all the circumstances of the case, the public interest in making the personal data available is outweighed by the public interest in not making it available. This is looked at in more detail in the briefing.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at



foi-19-00967 Information Released


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

Back to top