Marine licence 06819 at Lunan Bay information: EIR release

 

You asked for: “Please provide the following information from log of operations as per Environmental Information (Scotland) Regulations 2004 or relevant FOI legislation.

1) Name of vessel (probably UKD Marlin but could be other)

2) The nature and quantity of each substance or object loaded for disposal.

3) The rate of discharge during each disposal operation.

4) Marine mammals observer log for each disposal operation.”

 

I enclose a copy of some of the information you requested. 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 11(2) (personal information of a third party) of the EIRs applies to that information.  The reasons why that exception applies are explained in the Annex to this letter.

 

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing part of your request under the exception at regulation 10(4)(a) of the EIRs. 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. While we recognise that there may be some public interest in information about the use of hydrogen peroxide and “the extent to which its use may be damaging to the natural environment, or about limiting or prohibiting its use in future”, clearly we cannot provide information which we do not hold.

 

Exceptions that apply

Exceptions under regulations 10(4)(a) (information not held) and 11(2) (personal information of a third party) of the EIRs apply to some of the information you have requested.

Regulation 10(4)(a) (information not held)

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

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.  While we recognise that there may be some public interest in information about blasting and vibration modelling, clearly we cannot provide information which we do not hold.

Regulation 11(2) (personal information of a third party)

An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.

 

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