Publication - FOI/EIR release

Gallowgate Street - inspection and works records: EIR release

Published: 13 Jan 2020

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

Published:
13 Jan 2020
Gallowgate Street - inspection and works records: EIR release
FOI reference: FOI/19/02641
Date received: 10 Dec 2019
Date responded: 9 Jan 2020
Information requested

We would be obliged to receive the following information in respect of the Gallowgate Street in Largs.

We enclose a google map and image of the area showing the particular part of Gallowgate Street we are investigating.  

  • Copies of inspection records from July 2018 until present.
  • Details of any works carried out on the pavement from January 2018 until present.
  • Details of any previous accidents reported or noted in this section of Gallowgate Street from July 2018 onwards

Details of any complaints made in respect of the condition of this section of the pavement from July 2018 until present.

Response

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.

1. Please refer to Annex A to this response, inspection records from 1 July 2018 to 10 December 2019.

2. 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.

Please refer to Annex B to this response, records of works carried out from 1 January 2018 to 10 December 2019

3. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested.  Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because no accidents have been reported.

4. 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.

Please refer to Annex C to this response, complaints made to our Operating Company, Scotland TranServ, about the condition of the pavement

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/19/02641 - Annex A

4 page PDF
47.6 kB

FOI/19/02641 - Annex B

5 page PDF
2.8 MB

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