Appointment of Circularity Scotland Ltd as deposit return scheme administrator: EIR release

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

Information requested

You asked for: -

1. The application to become administrator of the deposit return scheme submitted to Scottish ministers by Circularity Scotland Ltd, and any other supporting or additional information provided by Circularity Scotland Ltd to support that application, as specified in section 14 of the regulations.

2. The full decision notice and all supporting information from Scottish ministers to Circularity Scotland Ltd appointing it as administrator of the deposit return scheme, as set out in section 15 of the regulations.


I have attached relevant documents as requested. 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.

An exception under regulation 10(5)(f) of the EIRs applies to some of the information you have requested. The provider of some of the information has denied consent for it to be released to the public.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release. However, this is outweighed by the confidentiality of the application process and that the person did not supply the information in circumstances such that it could be made available to the public.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI - 202200276068 - Information Released - Annex


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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