Correspondence relating to the A9 dualling: EIR release

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


Information requested

Any emails that were sent to Jenny Gilruth MSP from constituents and her responses in relation to the A9 dualling between 3 December 2022 and 10 February 2023.

Any emails that were sent to John Swinny MSP from constituents and his responses in relation to the A9 dualling between 3 December 2022 and 10 February 2023.

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 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.

Any emails that were sent to Jenny Gilruth MSP from constituents and her responses in relation to the A9 dualling between 3 December 2022 and 10 February 2023.

Please see attached Annex A with the information requested. To note, there may be instances where responses have not yet been issued to the constituent.

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. This applies to Annex A and B.

Any emails that were sent to John Swinny MSP from constituents and his responses in relation to the A9 dualling between 3 December 2022 and 10 February 2023.

Please see attached Annex B with the information requested.

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.

FOI 202300344761 - Information released - Annex A
FOI 202300344761 - Information released - Annex B

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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