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· FOI/EIR · unclear

Complaint correspondence relating to inspection of Easdale Harbour: EIR release

Published
2017-09-04
Received
Responded
Directorate
Marine Directorate
Topic
Marine and fisheries, Public sector
Exemptions
11(1), 11(2)

Information requested

Copy of MS's letter to the complainant and any further correspondence with the complainant other than his initial letter 2 copy of George's report resulting from his inspection of Easdale Harbour.

Response

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 exceptions under regulations 11(1) and 11(2) (Personal data) of the EIRs apply to that information.

The reasons why these exceptions apply are explained below.

Reasons for not providing information

Regulation 11(1) – personal data.

An exception under regulation 11(1) of the EIRs (personal information) applies to some of the information requested because it is your own personal information, and so it is subject to the Data Protection Act 1998 (DPA). 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. Regulation 11(2) – personal data.

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 Schedule 1 to the Data Protection Act 1998. 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.

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