Publication - FOI/EIR release

Statistical data pertaining to Statutory Plant Health Notices issued in 2019: EIR release

Published: 10 Feb 2020

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

Published:
10 Feb 2020
Statistical data pertaining to Statutory Plant Health Notices issued in 2019: EIR release
FOI reference: FOI/20/00030
Date received: 10 Jan 2020
Date responded: 5 Feb 2020
Information requested

You asked for:

A full copy of the spreadsheet pertaining to SPHN's issued in 2019 which is referenced (as an extract copy of data) within an email from Scottish Forestry staff member dated 6th January 2020 13:18.

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.

I enclose a copy of most of the information you requested.

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(s) under regulation(s) Reg 11(2) (Personal data relating to third party) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

An exception under regulation 11(2) of the EIRs applies to some of the information you have requested. Reg 11(2) (Personal data relating to third party).

An exception under regulation 11(2) of the EIRs (personal information) applies to some 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

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FOI/20/00030 Information released

16 page PDF
884.8 kB

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