7 questions relating to an accident on A76: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
We require information in relation to the following;
- Please confirm that the road between Kirkconnel and New Cumnock A76 as shown on the attached map is the responsibility of Transport Scotland.
- Please provide copies of all gritting records on the day of the accident and three days prior.
- Please provide all weather forecasts provided to the authorities for the day of the accident and three days prior.
- Please confirm the priority given to gritting the A76 at the location between Kirkconnel and New Cumnock.
- Please confirm the gritting route taken on the day of the accident.
- Please provide a copy of the report of the accident to the authority by the police.
- Please confirm the response from the authority to the police request for further gritting.”
Response
The map mentioned in Question 1 was not attached to the original request and after requesting this you supplied it on 31 October.
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.
- The A76 between Kirkconnel and new Cumnock is the responsibility of Transport Scotland.
- Please refer to Annex A to this response - gritting records for 26 – 29 January 2019
- Please refer to Annex B to this response - weather forecasts for 26 – 29 January 2019
- Priority was given to locations depending on requirements at that time.
- The gritting route is attached at Annex C.
- While our aim is to provide information whenever possible, in this instance Transport Scotland do not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. We do not hold a copy of the police report. However, you may wish to contact Police Scotland at foi@scotland.pnn.police.uk who may be able to help you.
- Please refer to the incident log at Annex D.
An exception under regulation 11(2) of the EIRs (personal information) 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.
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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