EIR/202600524756 · FOI/EIR · partially withheld
A82 Pulpit Rock resurfacing roadworks: EIR release
Information requested
You asked for all documentation in connection with the resurfacing works completed from 27 October 2024 to 30 October 2024 on the A82 Pulpit Rock (CS228_2023) including:
Works order Works risk assessment Quantities of materials used Any plans in connection with the works Any worksheets completed in connection with the works Photographs showing the state of the road on completion of the works Chapter 8 Signage Manual for the works
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.
In connection with the resurfacing works completed from 27 October 2024 to 30 October 2024 on the A82 Pulpit Rock (CS228_2023) including you requested the following:
1. Works order
An exception under regulation 10(4)(e) of the EIRs applies to this information because disclosure would, or would be likely to, substantially prejudice the confidentiality of that commercial information and harm legitimate economic and commercial interests, including the ability of the organisation(s) concerned to operate effectively in a competitive environment.
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 for transparency, accountability, however there is also a significant public interest in protecting confidential commercial information where disclosure would prejudice legitimate commercial interests and undermine the ability of organisations to engage openly with public authorities.
2. Works risk assessment - Please see Annex A to this response for this information. 3. Quantities of materials used - Please see Annex B to this response for a summary of materials used.
4. Any plans in connection with the works - Please see Annex C to this response.
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.
5. Any worksheets completed in connection with the works - Please see Annexes D - M 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.
6. Photographs showing the state of the road on completion of the works - Please see Annex N to this response.
7. Chapter 8 Signage Manual for the works - Please see Annexes O and P to this response .
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.
About FOI
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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. Works order An exception under regulation 10(4)(e) of the EIRs applies to this information because disclosure would, or would be likely to, substantially prejudice the confidentiality of that commercial information and harm legitimate economic and commercial interests, including the ability of the organisation(s) concerned to operate effectively in a competitive environment.