FOI reference: FOI/17/01689
Date received: 13 July 2017
Date responded: 31 July 2017
Information regarding specific potato growing crops – crop varieties and hectares; grades in 2015, 2016 and 2017; related field inspections; related meetings and action taken.
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 these 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 tow different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
Some of the information you have requested is available from http://www.sasa.gov.uk/seed-potato-register-archive. The Scottish Seed Potato Registers for 2015 and 2016 are available in both PDF and spreadsheet format. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another from or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
Please note, the 2017 data is not yet available, however, the Register will be published on the SASA website by the end of September. If you would like a paper copy of the 2017 Seed Register, please contact me once the Register has been published on our website.
While our aim is to provide information whenever possible, in this instance we are unable to provide the remaining information you have requested because an exception under regulation 11(2) (personal data of a third party) of the EIRs applies to that information. The reason why the exception applies is explained below.
Reasons for not providing information
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 some of the information requested because it is personal data of a third party. We cannot provide information regarding individuals, sole traders or partnerships as it contravenes 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.
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