Snowsports sector 2022: EIR release

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


Information requested

Information relating to the collection of data and original references for the following report published on the 10th of February by the Scottish Government - Snowsports sector 2022 - economic, social, and cultural impact: research - https://www.gov.scot/publications/economic-socialcultural-impact-scotlands-snowsports-sector-2022/

In particular, to obtain information relating to the source of the original information supplied and collated, and to obtain details of any data supplied, references used and any submissions provided and by whom they were made from the following sources.

Scottish Government,
Highlands and Islands Enterprise,
Cairngorms National Park Authority and
Cairngorm Mountain Ltd

You also requested details of the methodology used to obtain any and all information gathered regarding financial funding, grant aid, visitor skier day numbers and summer visitor day numbers which are associated to Cairngorm Mountain Ltd and the compilation of the above report.

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.

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

It may be helpful to explain that Scottish Government commissioned research for the Snowsport sector 2022 - economic, social, and cultural impact: research report to be undertaken by EKOS Ltd. A copy of their proposed study method from their original bid has been included with this response. Their technical report is due to be published in the first week of April 2023 and will provide further information on methodology used.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because the research into the economic, social and cultural impact of Scotland's snowsports sector was commissioned by the Scottish Government and undertaken by EKOS Ltd. As a result Scottish Government does not hold the requested information.

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. While we recognise that there may be some public interest in information about the collection of data and original references in the Snowsport Sector 2022 - economic, social, and cultural impact: research, clearly we cannot provide information which we do not hold.

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.

FOI 202300344938 - Information released

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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