Publication - FOI/EIR release

Complaints or feedback about the junction on the A725 at the slip road to the A8: EIR release

Published: 9 October 2024
Topic: Public sector, Transport
FOI reference: EIR/202400428039
Date received: 23 August 2024
Date responded: 23 September 2024

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

Information requested

We write in relation to the junction on the A725 at the slip road to the A8 (“the Junction”).

We request copies of any emails, letters, documents, memos or reports, regarding the following:

1. complaints or feedback about the Junction;
2. complaints or feedback about the traffic lights at the Junction; or
3. any accidents at the Junction which were created, drafted, sent or received from June 2023 to 23 August 2024.

You clarified on 27 August 2024 that the location was specifically the junction is the central junction on the A725 with the A8 Eastbound on/off slip roads.

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.

Response to your request

1. 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 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.

Please see Annex A to this response, correspondence in relation to this junction for the timescale requested. No complaints have been received about the junction.

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 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.

Please see Annex B to this request, correspondence about traffic lights at this junction for the timescale requested. No complaints have been received about the traffic lights.

3. 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 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.

An exception under regulation 10(5)(a) of the EIRs (prejudice to public safety) applies to some of the information you requested. This exception applies because disclosure of this information disclosure would, or would likely endanger the physical or mental health or safety of an individual.

An exception under regulation 10(5)(b) of the EIRs (substantial prejudice to course of justice) also applies to some of the information you have requested because it is in relation to details of road accidents which relate to ongoing Police investigations and potential prosecutions.

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. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of ongoing Police investigations. Transport Scotland retains this information for general operational purposes only.

Please see Annex C to this response details of accidents at this junction for the timescale requested.

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.