Dear Scottish Government,
I would be interested in seeing all emails regarding Dunbar Harbour Trust and Dunbar Harbour Developments sent to Mr Marine Scotland (Mr Mark Nicholl) in January and February 2013.
Dear Mr Cleator
Thank you for your information request under the Freedom of Information
(Scotland) Act 2002 (“the 2002 Act”) in which you ask for sight of e mails
regarding Dunbar Harbour Trust and Dunbar Harbour Developments. In
particular you ask for:-
“I would be interested in seeing all emails regarding Dunbar Harbour Trust
and Dunbar Harbour Developments sent to Mr Marine Scotland (Mr Mark
Nicholl) in January and February 2013.”
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 therefore applying the exemption at 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.
As the exemption is conditional we have applied the ‘public information
test’. This means we have, in all the circumstances of this case,
considered if the public interest in disclosing the information under
FOISA 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.
The information requested requires to be considered in accordance with
both the EIRs and the Data Protection Act 1998 (the 1998 Act) as such
information may constitute personal data in the sense of the 1998 Act. We
endeavour to provide information whenever possible, however, in this
instance, an exception under regulation 11(2) of the EIRs applies to some
of the information requested, specifically 2 email documents. The
information is being withheld because we are of the opinion that the
release of some of the information requested could potentially lead to the
identification of individuals in connection with an allegation of criminal
behaviour and therefore contravene the data protection principles in
Schedule 1 to the Data Protection Act 1998. This is an absolute exception
and therefore we are not required to apply the public interest test.
We will release the 5 emails below. The release of this information will
not involve the release of any sensitive personal data.
Head of Fisheries Grants Team
Performance, Aquaculture and Recreational Fisheries
Area 1B North
Phone: +44 (0)131 244 6110
Fax: +44 (0)131 244 6552
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.