Correspondence received by Michael Matheson on Water management: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
Internal and external correspondence received by the Cabinet Secretary for Net Zero, Energy and Transport, Michael Matheson MSP, regarding ‘water management’ and ‘drought management’ between 1 September 2021 and the present day.
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 Scottish Ministers, 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.
Response to your request
I attach a copy of most of the information you have requested.
Exceptions apply to the additional information released
Within the additional information released through this review response you will note that some redaction of information has been applied. In addition, some information has been withheld in its entirety. This includes redactions made and withholding of information with respect to regulation 10(4)(e) – internal communications, where information relates to policy advice and professional legal privilege, as well as redactions applied with respect to regulation 10(5)(f) – substantial prejudice to interests of persons who provided the information. Further justification on the application of these exceptions is provided to you in Annex A of this response.
In addition to the above, an exception under regulation 11(2) of the EIRs (personal information) applies to some of the email communications provided to you 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 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.
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
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