202200316250 · FOI/EIR · partially withheld
Impact assessment of the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021: EIR release
Information requested
Any internal or external Scottish Government correspondence received regarding the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021 including ‘costs to farmers’, ‘slurry applications and slurry store covers’, ‘cost of slurry regulations’ and ‘impact on farming’.
Response
I enclose a copy of the all correspondence received regarding the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021. In reviewing the correspondence some elements have been redacted as they fall under an exception under regulation 11(2) of the EIRs (personal information) 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.
Some information in the document is also redacted under EIR regulation 10(4)(e) Internal Communications or under EIR regulation 10(5)(f) Third Party Interest however, this is marked at each section. These exceptions are 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 these exceptions.
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Detected exemption language
In reviewing the correspondence some elements have been redacted as they fall under an exception under regulation 11(2) of the EIRs (personal information) 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. Some information in the document is also redacted under EIR regulation 10(4)(e) Internal Communications or under EIR regulation 10(5)(f) Third Party Interest however, this is marked at each section.