Freedom of Information Request: Common Scoter Report
Date: 24 June 2024
Our ref: SIR175682/A4622240
Information Request – Common Scoter Report
Thank you for your information request, which we received on 27 May. We have considered your request under the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’).
Your Request
Copy of the expert opinion report on common scoter that NatureScot commissioned.
Our Response
We have discussed your request with the Operations Team staff who dealt with this report. A copy of the report is attached as a separate document to this response.
However, although we do try to provide as much information as possible in response to an information request, in this case we have had to redact out some information from the document for the following reasons:
- We have redacted any personal data from the report as releasing this information into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under EIRs Regulation 11(2) (Personal data).
- We have also redacted out information relating to specific breeding sites for Common Scoter, and other sensitive species data e.g. golden eagles. We have done this because releasing this information could increase disturbance to these species. As release of information under the EIRs is a release into the public domain, we do not believe that it is in the public interest to release information that might enable disturbance to these species. We are therefore applying EIRs Regulation 10(5)(g) – Protection of the environment this information.
- We have also redacted out some information where it relates to other Common Scoter sites i.e. not within the West Inverness-shire Lochs SSSI/SPA.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot [email protected]
