Publication - FOI/EIR release

Kinlochleven hydro-electric plant: correspondence between Scottish Government and the companies of the GFG Alliance: FOI release

Published: 7 December 2023
Directorate: Economic Development Directorate
Topic: Public sector
FOI reference: 202200315653
Date received: 15 August 2022
Date responded: 12 September 2022

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

All correspondence between the Scottish Government and the companies of the GFG Alliance on the subject of the Kinlochleven hydro-electric plant.

The correspondence can be limited to that to/from Ministers and that to/from the Economic Development directorate.

Response

The information held by the Scottish Government that falls within the scope of your request has been attached separately for your reference. 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 FOISA apply. The details of these exemptions and why they apply are explained in the Annex to this letter.

REASONS FOR NOT PROVIDING INFORMATION
Section 33(1)(b) – commercial interests
An exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of the GFG Alliance.

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which enter into, Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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.

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