FOI/202500474138 · FOI · partially withheld
Cairngorm Mountain Railway documentation: FOI release
Information requested
All documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from meetings, briefings, analysis, which mentions the Cairngorm Mountain Railway, from the last three months.
Response
I enclose a copy of documents relating to your request. Exemption under sections 30(b)(i) and (ii), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested.
Section 30(b)(i) and (ii) - free and frank provision of advice or exchange of views
Information is exempt under section 30(b) if the disclosure would have an inhibiting effect on the provision of advice or on the exchange of views. Taking account of all the circumstances of this case, we have also 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.
Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation
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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in withholding this information as releasing this would, or would be likely to, prejudice substantially the commercial interests of the person or organisation mentioned.
Section 36(1) - Confidentiality
This exemption relates to information in respect of which a claim to confidentiality of communications couldbe maintained in legal proceedings (for example, if information is “legal privileged”). This exemption is subject to the public interest test in FOISA. This means that, even if the exemption applies, the information must be disclosed unless the public interest in maintaining the exemption outweighs the public interest in disclosing the information . We have found that, on balance, the public interest lies in favour of upholding the exemption.
Section 38(1)(b) - Personal data of third parties e.g. names, email addresses and phone numbers
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.
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
Exemption under sections 30(b)(i) and (ii), 33(1)(b) and 38(1)(b) of FOISA applies to some of the information you have requested. Section 30(b)(i) and (ii) - free and frank provision of advice or exchange of views Information is exempt under section 30(b) if the disclosure would have an inhibiting effect on the provision of advice or on the exchange of views. Taking account of all the circumstances of this case, we have also 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. Section 33(1)(b) - information that would (or would be likely to) prejudice substantially the commercial interests of any person or organisation This exemption is subject to the 'public interest test'.