Grid connection of Lochaber hydro plant: FOI review

Information requested

All Scottish Government records relating to monitoring progress on the grid connection of the Lochaber hydro plant.

Response

We have conducted thorough and specific search of our systems with the aim of providing information relevant to your query.

I can confirm that we have found one relevant document in relation to your request. This has been provided as a separate attachment.

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 :

• Section 33(1)(b) – Substantial prejudice to commercial interests
• Section 38(1)(b) – Personal information of FOISA apply to that information.

The reasons why these exemptions apply are explained in the Annex to this letter.

ANNEX - REASONS FOR NOT PROVIDING INFORMATION

Section 33(1)(b) – Commercial Interest and the Economy
An exemption under section 33(1)(b) of FOISA applies to some of the information you have requested because it is likely to prejudice substantially the commercial interests of the company and the Scottish Government as an interested party. This exemption is subject to the ‘public interest test’. Therefore, taking into 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. We recognise that there is some public interest in release to ensure full transparency. However, this is outweighed by the public interest as there is a risk to the companies commercial interests and those of the Scottish Government and the taxpayer.

Section 38(1)(b) – Personal data
This exemption applies to some of the information requested because it is personal data of a third party, i.e. names and contact details, 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 exemption 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 exemption.

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 202200298378 Information Released

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