Advertising and enforcement notices for local authority: EIR release

Information requested

"I respectfully request all recorded information in relation to what you may refer to as 'Crookfur Park Banners'.

Between June / July 2021 your officers dealt with an enquiry regarding alleged advertising and 'enforcement' notices issued by East Renfrewshire Council.

I am interested, not solely restricted to, recorded information between your officers and officers of East Renfrewshire Council and vice versa. I request the information to be provided in electronic format."

Response

If I might firstly explain that, because, 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.

Attached is a copy of all the information requested. 

Please note the information attached has been redacted to remove all personal information. This is because an exception under regulation 11(2) of the EIRs (personal information) applies to all 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.

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.

FOI202100224101 - Information released

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23 page PDF

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