Inspection records for Kingsway, Dundee and surrounding area from Oct 2020-Feb 2023: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
- Inspection records for Kingsway, Dundee and the immediate surrounding area from 01.10.20 to present since we have recently received notification of a personal injury claim arising from hole caused by a missing grate/chamber cover within the cycle path at the above location. Street inspection records to include driven surveys, walk-about surveys and any other general maintenance records.
- Confirmation as to whether a s81 notice was issued in relation to the subject defect. We have searched our database and have been unable to locate a s81 notice. Please confirm if such notice exists and if so, please provide a copy.
- How often inspections are undertaken along with the method of inspection and a copy of your inspection policy.
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
- An exception under regulation 11(2) of the EIRs (personal information) applies to [some of/all 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. Please see Annex A to this request inspection records for the location and timescale requested.
- While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under regulation 10(4)(a) information not held of the EIRs applies to that information. This is because section 81 notices are not issued in Scotland.
- A safety inspection (driven) is undertaken every 7 days and an annual walked visual inspection is undertaken. Please see Annex B to this response, inspection policy for the Trunk road North East Unit.
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.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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