Publication - FOI/EIR release

A90 defect and post-accident highway inspection reports: EIR release

Published: 21 November 2017
Part of: Public sector, Transport

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

FOI reference: FOI/17/02486
Date received: 23 October 2017
Date responded: 20 November 2017

Information requested

I am instructed on behalf of British Telecommunications plc in connection with a personal injury claim being brought by the above named Claimant for personal injuries sustained following an alleged accident on 26 April 2016 near to the Esso Petrol Station at 565 North Anderson Drive, Aberdeen AB16 7GD. I have been informed by Bear Scotland that you are responsible for Anderson Drive.

To assist me with my investigations, and in accordance with the Freedom of Information Act 2000, I require copies of the highway inspection records together with all opening/closing notices, defect notices and records of complaints for 2 years prior to 26 April 2016. Please also provide a copy of the first post-accident highway inspection record relating to the alleged accident location.

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.

In response to the first part of your request, please refer to Annex A of this request which is the Inspection Defect Summary Report from 26 April 2014 to 26 April 2016.

Please also refer to Annex B which is the record of complaints for the timescale 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.

Annex C is the post accident defect summary report at the accident location. We have applied exception 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.

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