202200316875 · FOI/EIR · partially withheld
Various inspections reports: EIR release
Information requested
The following inspections reports:
2021-0391 FS1101 Etive 3 (Port na Mine) 10/6/2021 Awaiting Publication SLA, 2021-0392 FS1112 Etive 4 10/6/2021 Awaiting Publication SLA, 2021-0393 FS1288 Etive 6 10/6/2021 Awaiting Publication SLA, 2021-0394 FS1067 Inverawe (East) Etive 2 10/6/2021 Awaiting Publication SLA, 2021-0588 FS1067 Inverawe (East) Etive 2 12/7/2021 Awaiting Publication DIA, REP
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
I enclose a copy of all of the information you requested. I have attached the case sheets and inspection reports for the cases above. These are yet to be publicly available online, however, the reports have been finalised. The case sheets remain open, but we do not believe they will be subject to significant change, rather only minor edits. Once finalised, the case information and reports from the FHI are published here.
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 http://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 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.