FOI/202200333430 · FOI/EIR · partially withheld
Autoclaved aerated concrete (RAAC) in council buildings: EIR release
Information requested
Copies of correspondence with the councils of Fife, Angus, Perth and Kinross and Dundee City concerning checking for the presence of reinforced autoclaved aerated concrete (RAAC) in council buildings (including schools) or what to do if it is discovered in council buildings.
Response
I attach a copy of most of the information you requested in two pdf documents. 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. An exception under regulation 10(5)(f) of the EIRs applies to some of the information you have requested. Regulation 10(5)(f) relates to substantial prejudice to interests of the person who provided the information. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open and transparent government. However, this is outweighed by the public interest in protecting the interests of anyone such as the National Health Service in this case who provide the Scottish Government with such information on a confidential basis. Disclosing such information against the express wishes of the stakeholder is likely to undermine their trust in the Government and make them reluctant in future to share information with us on issues such as RAAC or other building safety issues. This would significantly impair the Scottish Government’s ability to develop policies and make decisions on the basis of fully informed advice and evidence. 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.
Detected exemption language
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. An exception under regulation 10(5)(f) of the EIRs applies to some of the information you have requested. Regulation 10(5)(f) relates to substantial prejudice to interests of the person who provided the information.