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Publication - FOI / EIR Release

Inspection and defect records relating to A77: EIR release

Published: 21 Aug 2017

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

FOI reference: FOI/17/01660
Date received: 12 July 2017
Date responded: 16 August 2017

Information requested

Information relating to the A77 between Lendalfoot and Girvan.

In particular, we require the following information:-

1. Information including sight of any written or electronic communication detailing inspection records relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

2. Information including sight of any written or electronic communication detailing maintenance records relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

3. Information including sight of any written or electronic communication detailing reports of defects relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

4. Information including sight of any written or electronic communication detailing reports of accidents relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

5. Information including sight of any written or electronic communication detailing complaints or notifications of defects relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

We would also request any photographs held relating to the above requested information.'

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.

I have numbered your response for ease of reference.

1. Please refer to Annex A which is the Inspection Defect Summary Report for the area requested.

2. Please refer to Annex A and B of this FOI. Annex B contains Incident Reports and complaints for the area requested. 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.

3. Please refer to Annex B of this FOI. 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.

4. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that Transport Scotland do not have any written or electronic communication detailing reports of accidents relating to the A77 between Lendalfoot and Girvan from 1st June 2016 to date.

5. Please refer to Annex B of this FOI. 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.

In relation to the final part of your request, photographs have been supplied on the CD enclosed.

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

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
21 Aug 2017
Inspection and defect records relating to A77: EIR release