FOI/202300377413 · FOI/EIR · partially withheld
VMS Data Request - 49/E7 and 50/E7: EIR release
Information requested
I would like to request fishing VMS data for ICES Rectangles 49/E7 and 50/E7 for the period of January to August 2023 (inclusive). Please could speed and nationality information be included as a minimum. Any other vessel information you could provide would be much appreciated.
Response
I enclose a copy of most of the information you requested.
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 an exception under regulation 11(2) – third party personal data, of the EIRs applies to that information. The reason why that exception applies is explained in the Annex to this letter.
Annex A
REASONS FOR NOT PROVIDING INFORMATION
An exception applies
Regulation 11(2) – To the extent that environmental information requested includes personal data of which the applicant is not the data subject and in relation to which either the first or second condition set out in paragraphs (3) and (4) is satisfied, a Scottish public authority shall not make the personal data available.
An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.
To comply with the Data Protection Act 2018, location data is subject to statistical disclosure controls. Values are redacted where there are fewer than five fishing vessels present.
About FOI
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Detected exemption language
An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.