- 3 Dec 2019
Date received: 1 Nov 2019
Date responded: 28 Nov 2019
The question you asked:
Can you supply me with all information you hold regarding Mainshill opencast coal site in South Lanarkshire?
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.
I enclose a copy of the material held by the Scottish Government on the subject you requested information about.
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 data relating to a third party of the EIRs applies. The reason why that exception applies is explained in the Annex.
REASONS FOR NOT PROVIDING INFORMATION
Regulation 11(2) – Personal data relating to a third party
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 – and other conditions apply (regulation 11(2)).
The exceptions in regulation 11 regulate the relationship between the EIRs, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (the DPA 2018). Remember that regulation 11 covers personal data which also falls within the definition of environmental information. There is a separate exemption in section 38 of the Freedom of Information (Scotland) Act 2002 (FOISA) for personal data which is not environmental information.
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