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FOI/201900009488 · FOI/EIR · partially withheld

Land Parcel Identifier (LPID) database information: EIR release

Published
2020-01-14
Received
2019-12-10
Responded
2020-01-13
Directorate
Agriculture and Rural Economy Directorate
Topic
Farming and rural, Public sector
Exemptions
20, 39(2), 11(2), 34(1)

Information requested

You asked for:

A database containing the following 2018 data for each LPIS PRCL_ID that we previously supplied, extracted for each of Permanent Land and Seasonal Land:

Total land parcel area R1 Total land parcel area R2 Total land parcel area R3 Verified exclusions Land activity Land use code Land use code area LFASS area BPS area Ecological focus area activity code Ecological focus area land area Rural Priorities code Rural Priorities land area AECS code AECS land area Forestry Grant Scheme code FGS land area

Response

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.

I enclose a copy of some of the information you requested. This is a table containing LPIDs of with the associated attribution above.

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 an exception under regulation 11(2) (Personal data relating to third party) of the EIRs applies to that information. The reasons why that exception(s) applies are explained in the Annex to this letter.

Annex - Reasons for not providing information An exception applies

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.

Information related to Sole Traders is considered personal data and information related to some Partnerships can also be considered as personal in some circumstances e.g. husband/wife partnership. LPIDs relating to businesses which are registered as Sole Traders or Partnerships have been removed from the data provided, in the case of Partnerships this is because we do not collect information associated with the relationship between partners in a business that will allow us to separate personal from non-personal information.

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

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. Annex - Reasons for not providing information An exception applies 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.

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