- 21 Nov 2019
Date received: 9 Oct 2019
Date responded: 5 Nov 2019
"a REVISED FOI-Request for Information concerning Aberdeen Harbour Expansion Project, under the Environmental Information (Scotland) Regulations 2004.”
1. I enclose a copy of most of the information you requested.
2. Some of the information you have requested is available from https://www.gov.scot/publications/foi-19-02158/
This above link gives the correspondence between Marine Scotland and Aberdeen Harbour. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
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. The reason why that exception applies is explained in the Annex to this letter.
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by the Scottish Government will have been produced by government officials and will be Crown Copyright. You can find details on the arrangements for re-using Crown Copyright material on the National Archives website at:
Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organization, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Crown Copyright information).
Due to the large number of documents I have attached the following link which gives you access to view and download the requested files:
The link goes to the Scottish Government Dropbox area, a place to share large and/or numerous files. To access the documents via Dropbox use the above link and click a document to view it in your browser.
REASONS FOR NOT PROVIDING INFORMATION
An exception applies
An exception under regulations 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 EISRs (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.
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