Publication - FOI/EIR release

Lapsed fishing licence: EIR release

Published: 2 May 2018
Directorate: Marine Directorate
Topic: Marine and fisheries, Public sector

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

FOI reference: FOI/18/01187
Date received: 20 April 2018
Date responded: 30 April 2018

Information requested

1. All the details and all logged communications that were tried by our officers.

2. All the names of the people who were involved in the decision to "revoke" the licence and rank details.

3. Any information that would be helpful to you to pass on to your legal representation.

Response

I enclose a copy of most of the information you requested in points 1, 2 and 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 exceptions under regulations 11(1) and 11(2) (personal information) of the EIRs apply to that information. The reasons why those exceptions apply are explained below.

Reasons for not providing information

The following exceptions apply.

Regulation 11(1).

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 Data Protection Act 1998 (DPA). 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.

Regulation 11(2).

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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