Publication - FOI/EIR release

Licensing application 07149 Montrose Port Authority: EIR release

Published: 12 Feb 2020

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

Published:
12 Feb 2020
Licensing application 07149 Montrose Port Authority: EIR release
FOI reference: FOI/20/00106
Date received: 21 Jan 2020
Date responded: 11 Feb 2020
Information requested

“Comments on above licensing application 07149 Montrose Port Authority
2) Your letter dated 07/12/18 Ref 06819 to MPA states "you must further address the matters raised in our letter of 6 September 2018 and accompanying report prior to submitting any further applications for a marine licence." Could you please send me your letter of 6 September 2018 and accompanying report. If you cannot, I will obtain copies by an Environmental Information Request.”

Response

1. I enclose a copy of most of the information you requested.
2. 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) of the EIRs applies to that information. The reasons why that exception applies is explained in the Annex to this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exception applies
An exception under regulation under regulation 11(2) (personal data)
of the EIRs applies 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) of the EIRs 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.

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