FOI/202600523274 · FOI/EIR · not held
Auchinairn Road Safety Camera, Bishopbriggs: EIR release
Information requested
I am writing to request information under the Freedom of Information (Scotland) Act 2002 regarding the safety camera located on Auchinairn Road, Bishopbriggs.
Please provide:
Copies of any correspondence, meeting notes, reports, assessments or discussions between the Scottish Safety Camera Programme, Police Scotland and East Dunbartonshire Council from 1 January 2020 to the present relating to the safety camera on Auchinairn Road. Copies of any correspondence, reports, assessments or discussions relating to any proposal to reduce the speed limit on Auchinairn Road and the potential impact this may have on the operation, retention, removal, reconfiguration or continued use of the safety camera. Copies of any assessments, reviews or recommendations undertaken since 1 January 2020 regarding the continued operation of the safety camera on Auchinairn Road. Confirmation of whether any consideration has been given to removing, decommissioning, switching off or altering the operation of the camera and, if so, copies of the relevant records. Copies of any advice, guidance or correspondence discussing whether a reduction in the speed limit on Auchinairn Road would affect eligibility for enforcement under Scottish Safety Camera Programme criteria. Copies of any policy, guidance, criteria, procedures or assessment framework used by the Scottish Safety Camera Programme when determining whether a safety camera should remain operational, be decommissioned, be switched off or be removed. Details of the criteria used to determine whether an existing camera site continues to justify enforcement. Any records showing how those criteria have been applied to the safety camera site on Auchinairn Road since 1 January 2020. Any assessments, reviews or recommendations regarding whether the Auchinairn Road safety camera should remain operational. Any records discussing whether a reduction in the speed limit on Auchinairn Road would affect the justification for retaining the camera or continuing enforcement at that location. The most recent speed survey, speed compliance data and collision data held in relation to the Auchinairn road safety camera site.
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.
Response to your request
I will retain your numbering for ease.
Q1. You requested copies of any correspondence, meeting notes, reports, assessments or discussions between the Scottish Safety Camera Programme, Police Scotland and East Dunbartonshire Council from 1 January 2020 to the present relating to the safety camera on Auchinairn Road.
A1. An exception under regulation 10(4)(b) of the EIRs applies. This is whereby a public authority may refuse a request for information if it is 'manifestly unreasonable'. The Scottish Information Commissioner's guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”.
By way of explanation, Transport Scotland's records are held on an electronic document system. Searches are conducted using keywords based on the request, those words may appear within a wide range of documents, including materials such as unconnected datasets that may fall outside the intended scope of your request. However, each document must still be individually reviewed to determine whether it is relevant or not.
Given the potential range of variables associated with the keywords used, the search has resulted in an excessive number of records being returned. For example, in relation to Q1, the use of the keywords the use of the keywords “Auchinairn Road” and “Auchinairn Road” + “Meeting” and Auchinairn Road” + “East Dunbartonshire Council” has resulted in over two thousand five hundred documents being identified through searches. A similar number of results was returned for Q2, 3,5,8,10 and 11.
As explained above each of these returns have to be reviewed to determine if they are within the scope of your request. Given the volume of material identified, complying with the request as currently framed would require a disproportionate amount of time and resource to manually review each document to determine whether it falls within scope. This would place a significant burden on Transport Scotland and would divert resources away from our core functions. For these reasons, we consider that this part of your request is manifestly unreasonable and so we are refusing it under regulation 10(4)(b).
As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing 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. While we recognise that there may be some public interest in information relating to information regarding safety cameras located on Auchinairn Road, Bishopbriggs, this is outweighed by the public interest in ensuring the efficient and effective use of public resources by not incurring excessive costs when complying with information requests.
You may however wish to consider reducing the scope of your request in order to make it manageable. This could be achieved, for example, by narrowing the timeframe, specifying a more precise date range, or refining the information sought. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx
Q2. You requested copies of any correspondence, reports, assessments or discussions relating to any proposal to reduce the speed limit on Auchinairn Road and the potential impact this may have on the operation, retention, removal, reconfiguration or continued use of the safety camera.
A2. Please refer to A1.
Q3. You requested copies of any assessments, reviews or recommendations undertaken since 1 January 2020 regarding the continued operation of the safety camera on Auchinairn Road.
A3. Please refer to A1.
Q4. You requested confirmation of whether any consideration has been given to removing, decommissioning, switching off or altering the operation of the camera and, if so, copies of the relevant records.
A4. The safety camera scheme at Auchinairn Road was installed in 2022. Each new installation is reviewed 3 years post-installation to determine whether a site should remain prioritised for enforcement. That review has not yet taken place for the scheme at Auchinairn Road. Any relevant records in respect of this have been provided within the accompanying annexes to this response.
Q5. You requested copies of any advice, guidance or correspondence discussing whether a reduction in the speed limit on Auchinairn Road would affect eligibility for enforcement under Scottish Safety Camera Programme criteria.
A5. Please refer to A1.
Q6. You requested copies of any policy, guidance, criteria, procedures or assessment framework used by the Scottish Safety Camera Programme when determining whether a safety camera should remain operational, be decommissioned, be switched off or be removed.
A6. The information you have requested is available from the Safety Camera Website. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. The relevant information can be accessed at: Home — Police Scotland Safety Cameras
Q7. You requested details of the criteria used to determine whether an existing camera site continues to justify enforcement.
A7. The information you have requested is available from the Safety Camera Website. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. The relevant information can be accessed at: Scottish Safety Camera Programme | Transport Scotland
Q8. You requested any records showing how those criteria have been applied to the safety camera site on Auchinairn Road since 1 January 2020.
A8. Please see Annex A to this response for collision data.
An exception under regulation 10(4)(b) of the EIRs applies. This is whereby a public authority may refuse a request for information if it is 'manifestly unreasonable'. The Scottish Information Commissioner's guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”.
By way of explanation, Transport Scotland's records are held on an electronic document system. Searches are conducted using keywords based on the request, those words may appear within a wide range of documents, including materials such as unconnected datasets that may fall outside the intended scope of your request. However, each document must still be individually reviewed to determine whether it is relevant or not.
Given the potential range of variables associated with the keywords used, the search has resulted in an excessive number of records being returned. For example, in relation to Q8, the use of the keywords the use of the keywords “Auchinairn Road” and "Auchinairn Road" + "Average Speed" and "Auchinairn Road" + "Compliance" has resulted in over two thousand three hundred documents being identified through searches.
As explained above each of these returns have to be reviewed to determine if they are within the scope of your request. Given the volume of material identified, complying with the request as currently framed would require a disproportionate amount of time and resource to manually review each document to determine whether it falls within scope. This would place a significant burden on Transport Scotland and would divert resources away from our core functions. For these reasons, we consider that this part of your request is manifestly unreasonable and so we are refusing it under regulation 10(4)(b).
As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing 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. While we recognise that there may be some public interest in information relating to information regarding safety cameras located on Auchinairn Road, Bishopbriggs, this is outweighed by the public interest in ensuring the efficient and effective use of public resources by not incurring excessive costs when complying with information requests.
You may however wish to consider reducing the scope of your request in order to make it manageable. This could be achieved, for example, by narrowing the timeframe, specifying a more precise date range, or refining the information sought. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx
Q9. You requested any assessments, reviews or recommendations regarding whether the Auchinairn Road safety camera should remain operational.
A9. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. Transport Scotland does not have the information you have requested because enforcement is a matter for Police Scotland. You may wish to contact Police Scotland for this information. You can do this here : Freedom of Information - Police Scotland
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. While we recognise that there may be some public interest in information requested at Q9, clearly we cannot provide information which we do not hold.
Q10. You requested any records discussing whether a reduction in the speed limit on Auchinairn Road would affect the justification for retaining the camera or continuing enforcement at that location.
A10. Please refer to A1.
Q11. You requested the most recent speed survey, speed compliance data and collision data held in relation to the Auchinairn road safety camera site.
A11. Please see Annexes A and B to this response for collision and speed compliance data
An exception under regulation 10(4)(b) of the EIRs applies. This is whereby a public authority may refuse a request for information if it is 'manifestly unreasonable'. The Scottish Information
Commissioner's guidance on the regulation 10(4)(b) exception at: http://www.itspublicknowledge.info/Law/EIRs/EIRsExceptions.aspx says that there may “be instances where it is appropriate for the Commissioner to consider the proportionality of the burden on the public authority in terms of the costs and resources involved in dealing with a request when considering the application of this exception”.
By way of explanation, Transport Scotland's records are held on an electronic document system. Searches are conducted using keywords based on the request, those words may appear within a wide range of documents, including materials such as unconnected datasets that may fall outside the intended scope of your request. However, each document must still be individually reviewed to determine whether it is relevant or not.
Given the potential range of variables associated with the keywords used, the search has resulted in an excessive number of records being returned. For example, in relation to Q8, the use of the keywords the use of the keywords “Auchinairn Road” and "Auchinairn Road" + "Review" and + "Auchinairn Road" + "Compliance" has resulted in over two thousand six hundred documents being identified through searches.
As explained above each of these returns have to be reviewed to determine if they are within the scope of your request. Given the volume of material identified, complying with the request as currently framed would require a disproportionate amount of time and resource to manually review each document to determine whether it falls within scope. This would place a significant burden on Transport Scotland and would divert resources away from our core functions. For these reasons, we consider that this part of your request is manifestly unreasonable and so we are refusing it under regulation 10(4)(b).
As the exception is conditional we have applied the 'public interest test'. This means we have, in all the circumstances of this case, considered if the public interest in disclosing 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. While we recognise that there may be some public interest in information relating to information regarding safety cameras located on Auchinairn Road, Bishopbriggs, this is outweighed by the public interest in ensuring the efficient and effective use of public resources by not incurring excessive costs when complying with information requests.
You may however wish to consider reducing the scope of your request in order to make it manageable. This could be achieved, for example, by narrowing the timeframe, specifying a more precise date range, or refining the information sought. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx
An exception under regulation 11(2) of the EIRs (personal information) applies to the collision data 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
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://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. An exception under regulation 10(4)(b) of the EIRs applies.