Number of XL bullies in the G84 area: EIR release

Information requested

With ref. to above [EIR reference number 202400423090], you confirmed there were less than 10 XL bullies in the G84 area on 18th July. Since the final date for registration was 31st July, can you please now update the final number.

Response

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.

XL Bully owners in Scotland had from 1 April 2024 to 31 July 2024 to apply to the Scottish Government for a Certificate of Exemption for their XL Bully dog, to allow them to legally keep their dog. Under the relevant legislation that set these dates, the time period for applications for a Certificate of Exemption to keep an XL Bully dog has closed.

It is now an offence to own or possess an XL Bully dog in Scotland without an exemption certificate from the Scottish Government, or having applied for an exemption certificate.

Regulation 11(2) – applicant has asked for personal data of a third party

An exception under regulation 11(2) of the EIRs (personal information) applies to 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.

It is within this context that we are limiting the release of specific numbers of exemption certificates issued in any postcode areas where there are fewer than 10 exemptions issued. This is based on the need to protect information that should not be disclosed as this could be potentially harmful if postcode information revealed the identity of exemption holders. As some postcode areas have small numbers of exemption holders, it may be possible to identity these people if information was provided without this restriction.

As at 18 August 2024, the Scottish Government can confirm that there are fewer than 10 exemption certificates issued for XL Bully dogs in the G84 Postcode area.

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.