Transport Scotland roadworks M8 Junction 26: EIR release

Information requested

" .. under freedom of information, please can you provide the following information.

Contact made to Trunk Road defect reporting line 0800 0281414 time of call, reference number and information passed to South west control room.

Action taken by control room, resources deployed with supporting vehicle tracker information as to arrival and time on site.

Motorway CCTV camera’s of this location of contractor arriving at incident with footage. All other communication by contractor in relation to this incident."

This was in reference to previous correspondence under micase ref: 202600512432.

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

You requested details of contact made to the Trunk Road defect reporting line 0800 0281414 time of call, reference number and information passed to South west control room.

Please see Annex A to this response for this information.

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.

A further exception under 11(1) of the EIRs (personal information) applies to some of the information requested because it is personal data of the applicant 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.

You requested details of action taken by the control room, resources deployed with supporting vehicle tracker information as to arrival and time on site.

Please see Annexes B and C to this response for this information.

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.

A further exception under 11(1) of the EIRs (personal information) applies to some of the information requested because it is personal data of the applicant 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.

You requested details of motorway CCTV camera’s of this location of contractor arriving at incident with footage and all other communication by contractor in relation to this incident.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Transport Scotland does not have the information you have asked for because Traffic Scotland, who operate the CCTV camera systems, do not routinely record any CCTV or video footage from any of our camera locations, unless specifically asked to by the Police or by Transport Scotland.

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 CCTV footage, clearly we cannot provide information which we do not hold.

Please see Annex D to this response for details of communications in relation to this incident.

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 https://www.gov.scot/foi-responses.

EIR 202600513813 - Information Released - Annex

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