Publication - FOI/EIR release

Correspondence regarding the Shiant Island Recovery Project: EIR release

Published: 3 April 2018
Directorate: Environment and Forestry Directorate
Topic: Environment and climate change, Public sector

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/00955
Date received: 19 March 2018
Date responded: 26 March 2018

Information requested

Copies of all correspondence pertaining to the Shiant Island Recovery Project

Response

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

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

Some of the information contained in some of the documents has been redacted as this information was outwith the scope of your EIR request.

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 Schedule 1 to the Data Protection Act 1998. 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.

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