Works at the A77 Dutch House Roundabout: EIR review

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

You asked for a review of your 14 April 2022 request for information:

With regards to works at the A77 Dutch House Roundabout, and our previous correspondence of 6 April (ref 202200291154), the following:

  1. All communication, internal and external, from the 15/02/22 to 14/04/22 regarding the work at the A77 Dutch House Roundabout.
  2. The attached response states: “…Transport Scotland will take the necessary steps to resolve the issue you have highlighted during a future closure of the A77.” Please provide details of what these steps actually are.


I have concluded that a different decision should be substituted.

Taking account of the points raised in your request for review and the guidance available on the Scottish Information Commissioner’s website:

  1. On the public interest test in the EIRs
  2. On the use of Regulation 10(4)(e) of the EIRs that allows a Scottish public authority to withhold internal communications;

I have re-considered if the public interest in disclosing the information withheld outweighs the public interest in applying the exception. I have found that, on balance, the public interest lies in favour of disclosing the information. I recognise that there is strong public interest in maintaining the right to confidentiality of communications between officials whilst we are still developing an agreed position.

However, this is outweighed by the public interest in release as part of open, transparent and accountable government. As the information is not “of serious concern and benefit to the public” there is little reason to withhold it.

I have therefore determined that the public interest test has not been correctly applied and the original information withheld shall be disclosed. An exception under regulation 11(2) of the EIRs (personal information) applies to some the information previously withheld 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.

The information previously withheld is contained within two email chains and can now be found attached.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI 202200297815 Information released


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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