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FOI/202500466861 · FOI/EIR · partially withheld

Correspondence with any email account using the domain "@shetlandfishermen.com": EIR release

Published
2025-09-23
Received
2025-05-20
Responded
2025-06-18
Directorate
Marine Directorate
Topic
Marine and fisheries, Public sector
Exemptions
20, 39(2), 11(2), 34(1)

Information requested

Please could you provide copies of any email correspondence between your domain ("@gov.scot") and any account using the domain "@shetlandfishermen.com" from May 8th to whenever you process this request, inclusive.

Please provide any and all attachments in their original format, and emails as .eml files.

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 into 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 response to your request, I enclose a copy of the information you requested, including correspondence and attachments from @gov.scot to accounts using the domain @shetlandfishermen.com, covering the period between 8th May 2025 and 20th May 2025. However due to limitations within our operating systems, we can only provide the email data in PDF format rather than the requested .eml format.

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

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 into 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 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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