FOI reference: FOI/17/01304
Date received: 26 September 2017
Date responded: 12 October 2017
In your review response, you raised the following points:
'why virtually all the text and the names of senders and recipients has been redacted using EIR Regulation 11(2) (personal information)' which was inconsistent with previous responses to earlier requests;
'why so much information has been redacted using EIR regulation 10(4)(e) -Internal communication between government officials in relation to the Park of Keir Planing Application Appeal.'
You also stated that you are 'concerned that there has been no information sent after 25th April 2017 but I asked for all information from 12th January 2017 to 13th June 2017. I would like reassurance that this is because there is no material covered by my request for this period not that there has been an oversight or that further information has been withheld without explanation.'
Further to my letter of 26 September 2017, I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA), for information in relation to the 'Murray Legacy' and the proposal by Park of Keir Partnership and Mrs Judy Murray to undertake development on land at Park of Keir, near Stirling.
I have concluded that the original decision should be confirmed, with modifications.
I have concluded that the exception at regulation 11(2) under the Environmental Information Regulations was incorrectly applied in the original response. In most instances, the information redacted related to the names of officials, their work email addresses, and their telephone extensions. As such disclosing it would not contravene the data protection principles. Accordingly, I have removed redactions where this was incorrectly applied.
Notwithstanding this, I consider that disclosure of some of the redacted information would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. In these instances, I have upheld the original decision to withhold this information under EIR Regulation 11(2) (personal information).
Turning to your concerns about why so much information has been redacted under regulation 10(4)(e) of the EIRs relating to internal communications, I am satisfied that the majority of the redacted information constitutes internal communications, and therefore falls under this exception. However, in going on to consider the public interest test, I have found that the public interest in releasing some aspects of the redacted information outweighs the public interest in upholding the exception. I have amended these redactions accordingly.
However, with regards to the remaining information I am satisfied that the exception under regulation 10 (4)(e) was correctly applied and that the public interest in upholding this exception outweighs the public interest in release, for the reasons set out in our original response.
Turning to your concerns relating to potential missing information after 25 April 2017 to the 13 June 2017 (inclusive), I have carried out additional checks and searches for information that may have been omitted. I can confirm that we have no other information which falls within the scope of your request.
Accordingly, the following information is enclosed:
Copies of the information you requested, with certain redactions removed as described above.
Handling of your request
Clearly there are aspects of your request which we could have handled better. Please accept my apologies for this. Rest assured the outcome of this decision has been fully shared with the officials concerned and with senior management so that future lessons can be learned.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House