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Publication - FOI / EIR Release

Correspondence with Ineos: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02605
Date received: 24 October 2017
Date responded: 21 November 2017

Information requested

  • 'Email correspondence between the Scottish Government and Ineos between 1 September 2017 and 24 October 2017.'

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 enclose a copy of some of the information you requested in Annex B.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 10(5)(e) (confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest) and 11.2 (personal data relating to a third party) of the EIRs apply to that information.

The reasons why these exceptions apply are explained below.

Reasons for not providing information

An exception under regulation 10(5)(e) of the EIRs applies to some of the information you have requested. Regulation 10(5)(e) provides for confidentiality of commercial or industrial information, provided for by law to protect legitimate economic interest.

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 some interest in release. However, this is outweighed by the public interest in protecting the commercial interests of companies which operate in Scotland.

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 aprty and disclosing it would contravene the data protection principles in Schedule 1 of 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.

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:
23 Nov 2017
Correspondence with Ineos: FOI release