FOI/18/02719 Appeal · FOI · partially withheld
Correspondence regarding adjustments to performance benchmarks in ScotRail franchise: FOI appeal
Information requested
· A copy of all correspondence between Transport Scotland and ScotRail regarding adjustments to the performance benchmarks set out in the ScotRail franchise.
· A copy of all correspondence between Transport Scotland officials and the Scottish Government on this subject.
Any other documentation Transport Scotland hold regarding the decision to adjust the breach performance benchmark.
Response
Further to you application to the Scottish Information Commissioner in relation to your request reference number FOI/18/02719 for: A copy of all correspondence between Transport Scotland and ScotRail, TS officials and SG regarding adjustments to the performance benchmarks set out in the ScotRail franchise; and other documentation TS hold regarding the decision.
I am writing to advise you that we have given some further consideration to your request and the information held within the scope of your request.
I can confirm that we have reconsidered our interpretation of the scope of your request. We have concluded that all of the information previously noted as being ‘out of scope’ would fall within the scope of your request. In addition, we have also given further consideration to the information previously withheld under section 30(b)(ii) (free and frank exchange of views) and have determined that this information can now be disclosed.
I have therefore enclosed a revised copy of all of the documents previously provided and apologise for the delay in providing this information.
You may wish to note that an exemption under section 38(1)(b) of FOISA (personal information) continues to apply to the information which has been redacted from the documents provided. This is because this information is the personal data of a third party, e.g. names/contact details of individuals, 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. I hope this further response is helpful.
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
In addition, we have also given further consideration to the information previously withheld under section 30(b)(ii) (free and frank exchange of views) and have determined that this information can now be disclosed. You may wish to note that an exemption under section 38(1)(b) of FOISA (personal information) continues to apply to the information which has been redacted from the documents provided. names/contact details of individuals, 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.