Publication - FOI/EIR release

Razor clam fishery data from May to Aug 2016: EIR release

Published: 5 Jul 2021

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

Published:
5 Jul 2021
Razor clam fishery data from May to Aug 2016: EIR release
FOI reference: FOI/202100197814
Date received: 28 Apr 2021
Date responded: 2 Jul 2021
Information requested

All information relating to correspondence involving Marine Scotland in relation to razor clams between 1st May to 31st August 2016. 

Response

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

Some of the information you have requested is available from Scottish Parliament Home | Scottish Parliament Website . Statistics relating to sea for 2016 and other years is available from the Scottish Government website: Scottish Sea Fisheries Statistics 2016 - gov.scot (www.gov.scot).

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.  

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.

Another exception applies under regulation 12(4)(d) (unfinished documents) applies to some of the information requested because it relates to material that is was being completed, unfinished documents including drafts, or incomplete data. Where appropriate and within the timeframe of the requested FOI, measures have been taken to release any final versions. The public interest test in maintaining the exception was declined once the final version of a document was finished or published.

A further exceptions applies under regulation 12(4)(e) (internal communication) as the request involves disclosure of internal communications. Exemptions apply for correspondence relating to discussions of internal policy development, reaching decisions and in this respect overlaps with the purpose behind the exception for unfinished documents. This exemption is subject to the public interest and release of information was declined if disclosure would harm the way in which decisions are made or advice given.

The last exception applied to this request for information applies under regulation 12 (5)(b)- the course of justice, the ability of a person to receive fair trial or the ability of the public authority to conduct an inquiry of a criminal or disciplinary nature. This covers information about razor clam investigations ongoing during the reference period, disclosing this information would hamper our ability to conduct criminal investigations.

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.

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