Publication - FOI/EIR release

Correspondence with private hire firm Uber: FOI release

Published: 4 October 2017
Directorate: Justice Directorate
Topic: Public sector, Transport

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/01671
Date received: 18 July 2017
Date responded: 15 August 2017

Information requested

All correspondence between the Scottish Government and private hire firm Uber, between January 2015 and June 2017.

Response

I enclose a copy of most of the information you requested.

Some of the information you have requested is available from

16 June 2017 (our reference 36) /publications/expert-advisory-panel-on-the-collaborative-economy-june-2017/
26 June 2017 (our reference 38) https://blogs.gov.scot/scotlands-economy/2017/07/07/collaborate-celebrate-scotland-offer/

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 exemption(s) under section(s)

Section 27(1) – information intended for future publication

Section 38(1)b - personal data the disclosure of which would contravene data protection principles

The reasons why that exemption(s) applies are explained below.

Reasons for not providing information

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names/contact details of individuals, and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption 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 exemption.

An exemption under section 27(1) of FOISA applies to some of the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until then, rather than release some of this information before the planned publication date.

The document in question is the response from UBER to the Scottish Government's 'Taxi and private hire car licensing – Consultation on the impact of modern technology'. We believe that it is appropriate that all applicable responses to the consultation are published at the same time.

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. We recognise that there is some public interest in release because of the requirement for openness in the development of policy and this will be met by our planned publication. In the meantime, there is a greater public interest in taking the time necessary to ensure the information has been properly collated and checked before it is published as planned. Also, we see no public interest in disrupting our programme of work to release the information ahead of the intended publication date.

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