Smolt trapping licence information: EIR release

Information requested

“Please provide the names of everyone in your licencing, scientific and policy departments who provided advice with regards this application. Please provide their position within their organisations and the exact details of their advice which has led to this decision. Please also include the names of any third parties who were consulted and their responses.”

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.

Response to your request

1. Please provide the names of everyone in your licencing, scientific and policy departments who provided advice with regards this application. Please provide their position within their organisations.

The answer to your question is:

• Licensing Case Officer
• Fisheries Scientist
• Ecologist
• Policy Manager
• Head of Salmon and Freshwater Fisheries

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.

2. The exact details of their advice which has led to this decision. Please also include the names of any third parties who were consulted and their responses.

(i) Please find below extracts from our casework record in relation to the decision made: “Policy team comments received same day – needs to be centrally administered project. Evidence of clear plans and procedures required, current information does not demonstrate.” “17 and 18 April - discussions with [Redacted under regulation 11(2) – personal data of third party] Job Title Ecologist and [Redacted under regulation 11(2) – personal data of third party] Job Title Fisheries Scientist on information provided in support of application and risks involved. Appl. to be refused as no detailed project plan and risk assessment provided - in addition fish will be taken from grade 3 river with no guarantee of return of progeny which carries a risk.”

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.

(ii) I enclose a copy of some of the information you requested - items 1 & 2 enclosed.

An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.

An exception under regulation 11(1) of the EIRs (personal information of the applicant) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation (GDPR) and 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. In respect of documents 1 and 2, an exception under regulation 11(1) of the EIRs (personal information) applies to references to your own name in the emails of 6 May 2023 (10:54) and 6 May 2023 (13:21) respectively.

3. Please also include the names of any third parties who were consulted and their responses.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have any of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below. 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 no other parties were consulted. 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 names of any third parties who were consulted and their responses, clearly we cannot provide information which we do not hold.

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 202300354416 - Information Released - Document 1

File type

1 page PDF

File size

382.9 kB

FOI 202300354416 - Information Released - Document 2

File type

1 page PDF

File size

501.4 kB