Correspondence with SSE energy company: EIR release

Information requested

Any correspondence between the energy company, SSE, and either Neil Gray, Cabinet Secretary for Energy, or Gillian Martin, Minister for Energy, since they took up those posts last year.

This should include any correspondence with aides of either of the Ministers.

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under regulation 11(2) of the EIRs (personal information) and Regulation 10(5)(f) (Third Party interests) apply.

Some of the information you have requested (specifically the documents that had been attached to the email from document 1A) is available from Aberdeen Council Website. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

All documents, apart from documents 5B and 9A, had some information exempted through regulation 11(2) of the EIRs (personal information) as 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.

Some information in documents 5B, 8A and 9A is exempt as it relates to third party interests, according to Regulation 10(5)(f) which allows a Scottish public authority to withhold environmental information if its disclosure would, or would be likely to, cause substantial prejudice to the interests of a person who provided information voluntarily to the authority.

As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is greater public interest in allowing the facilitating the voluntary provision of information to public authorities by third parties and the disclosure of certain information would cause, or be likely to cause, substantial prejudice to the interests of the provider.

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.

EIR 202400396791 - Information Released - Annex

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50 page PDF

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1.2 MB