Publication - FOI/EIR release

Rural Payments & Inspection Division Guidance / Handbook: EIR release

Published: 25 June 2024
Directorate: Agriculture and Rural Economy Directorate
Topic: Farming and rural, Public sector
FOI reference: FOI/202400399540
Date received: 16 February 2024
Date responded: 15 March 2024

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

Information requested

Copies of RPID Inspectors guidance / handbook documents in relation to cattle/sheep identification and traceability.

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.

Response to your request:

I enclose copies of the information you have requested.

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 an exception under regulation 11(2) (personal information) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

An exception applies

Regulation 11(2) – applicant has asked for personal data of a third party
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.