Further questions on FOI/19/01512: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
1. I am not able to read the information on the photographs including the dates on Annex B Additional Photos. Could a further copy be sent which is clearer?
2. On Annex A - I can't see any details of the temporary repair carried out for defect NW34474665-236531691. Are there details and records of the temporary repair? If so, please can you forward these on.
3. I note from cover letter that a further inspection noted the defect as a CAT 2 defect on 1 May 2019. From Annex A, I can't see any defects being noted on that date? Is there a record of this inspection and the defect noted and the action taken?
4. Finally, may I please see records and details of the permanent repair carried out on 15 July 2019?
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.
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.
I have numbered your request for ease of reference
1. Annex A to this response is a copy of additional photo's.
2. Details of the temporary repair were provided under FOl/19/01512, Annex A Safety Inspection of A830, A82 Safety inspection on 10 April 2019. This defect was classified as Category 1 and the repair was completed at that time.
3. The defect was not identified on 1 May 2019 as it had already been recorded as a Category 1 defect and due to be permanently repaired by 8 May 2019. The Inspectors deemed the defect to be in a safe condition on 1 May 2019 therefore no further temporary repair was required.
4. Annex B to this response details the permanent repair carried out on 15 July 2019.
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