- 5 Jul 2019
Date received: 6 Jun 2019
Date responded: 4 Jul 2019
Q1) Copies of all correspondence and relevant documentation between DPEA and North Lanarkshire Council relating to planning approval for construction of Buchanan and St Ambrose High Schools in Coatbridge and;
Q2) information held on the rationale behind the Scottish Government's decision to agree the application.
Q1) I enclose pdf copies of information in scope of your request. Some of the information you have requested is available from the following website:
Q2) As above. The information you have requested is within the pdf documentation attached. Please note that Scottish Ministers cleared the application back to North Lanarkshire Council for their determination, they did not make a “decision to agree the application"
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 under regulation 11(2) of EIRs (Personal information) applies to that information. The reason why that exemption applies is explained in the Annex A of this response.
REASONS FOR NOT PROVIDING INFORMATION
Exemptions under Section 11(2) of the ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 (EIRs) applies to some the information you have requested. :
Regulation 11(2) Applies – Personal data belonging to a third Party.
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.
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