Peel application for an Environmental Impact Assessment (EIA) screening: EIR release

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


Information requested

You asked for the following information:-

 “On the Marine Scotland New website there are 2 attachments relating to the Peel application for an EIA screening. I am interested in all other documentation regarding this additional information which has been provided since the original EIA screening. I would like any other information submitted by the applicant in support of this EIA screening and any emails they have passed between Marine Scotland and the applicant or their consultants in relation to this screening, plus any meeting notes or minutes.”

Response

  1. I enclose a copy of most of the information you requested.
  2. 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 exception under regulation 11(2) (personal information of a third party) of the EIRs applies to that information

Reasons for not providing information - Annex
An exception applies

An exception under regulation 11(2) (personal information of a third party) of the EIRs apply to some of the information you have requested.  

Regulation 11(2) – To the extent that environmental information requested includes personal data of which the applicant is not the data subject and in relation to which either the first or second condition set out in paragraphs (3) and (4) is satisfied, a Scottish public authority shall not make the personal data available.

An exception under regulation 11(2) (personal information of a third party) of the EIRs applies to some of the information you have requested.

An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.

About FOI
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.

FOI-19-01802 - Information Released

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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