Information regarding Static Gear (Creels): EIR Release

Information requested

A. Copies of all information held by the Marine Directorate/Marine Scotland in relation to reports of Static Gear (Creels) lost in the period 25/05/2023 to 13/07/2023.
B. Copies of all the information held by the Marine Directorate/Marine Scotland in relation to reports of Static Gear (Creels) being towed through in the period of 25/05/2023 to 13/07/2023.

Response

I have labelled the two parts of your request as A and B for ease of reference in my response below. 

1. An exception under regulation 11(1) of the EIRs (personal information) applies to part A of the information you have requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation (GDPR) and 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.

Accordingly, we will be dealing with this part of your request as a subject access request. It has now been passed to our Data Protection and Information Assets Team whose contact details are:

Data Protection and Information Assets Team
ISIS Office of Security and Information Assurance (OSIA)
The Scottish Government
V Spur
Saughton House
Broomhouse Drive
EDINBURGH
EH11 3XD
Telephone: 0131 244 8487.

All of your personal information will be accessible to you unless it is covered by an exemption.

Regarding part B of your request, I am providing a copy of most of the information you requested. There are 26 redacted items that have been released to you in our response, however they are not labelled 1 to 26 in numerical order because 10 items have been withheld in full due to exceptions applied under the EIRs that have been referred to below.

1. Due to the number of documents prepared for release to you, I will separately email you an invitation to a shared Workspace in an online storage facility called "Objective Connect." This online storage facility is now the Scottish Government preferred way to share large and/or numerous files. To access the documents via Objective Connect you will need to click on the link provided in my accompanying email. To access the shared workspace files, you will need to enter your email address and a password of your choice. You will then be able to enter the Workspace to view the contents and download all 26 documents released to you under this response.

2. An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) applies to some of the information you have requested because the disclosure of the information would, or would be likely to, substantially prejudice:

(i) the course of justice (including law enforcement);
(ii) the ability of a person to receive a fair trial;
(iii) the ability of any public authority to conduct an inquiry of a criminal or disciplinary nature.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the fact that the information relates to current proceedings or to proceedings likely to take place in the future. If disclosed, could prejudice the enforcement or appropriate administration of law, which includes the prevention, investigation or detection of a crime, or the apprehension or prosecution of offenders.

3. 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 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided by the vessels and thus cause substantial harm to their commercial interests.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release of this information, however, this is outweighed by the public interest in ensuring no unfair advantages are given to any potential competitors. The information requested is not publicly available, is of a commercial or industrial nature, there is an implied duty of confidentiality, and we have a duty to protect legitimate economic interests.

4. An exception under regulation 11(1) of the EIRs (personal information) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation (GDPR) and 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.

5. 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.

Your right to request a review
If you are unhappy with this response to your EIRs request, you may ask us to carry out an internal review of the response, by writing to Annabel Turpie, The Director of the Marine Directorate, Area 1B South,
Victoria Quay, The Shore, Edinburgh, EH6 6QQ or by emailing: Directormarinescotland@gov.scot. Your review request should explain why you are dissatisfied with this response and should be made within 40 working days from the date when you received this letter. We will complete the review and tell you the result, within 20 working days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Scottish Information Commissioner. More detailed information on your appeal rights is available on the Commissioner's website at: http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommissioner.aspx.

 

Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.

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.