Mr Johnny Gailey By Email: johnnygailey@blueyonder.co.

uk

Date 24 January 2012 RFI No 336331 Your Ref

Dear Mr Gailey Freedom of Information (Scotland) Act 2002 – Partial Release of Information Subject: Leith Waterworld Correspondence
Thank you for your request for information which has been dealt with under the terms of the Freedom of Information (Scotland) Act 2002. Unfortunately, the Council is able to meet only part of your request. This information is attached. Non senior staff names/names of individuals have been redacted in terms of Section 38(2) of the Act as they constitute personal data. Personal data means data which relate to a living individual who can be identified from those data. We consider that the release of this information would breach the first data protection principle, that of fair processing, as it would not be fair, or expected, for information which could identify these individuals/non senior staff to be released into the public domain. Please note that in terms of section 16 of the Freedom of Information (Scotland) Act 2002; this is a formal notice that the information requested is not being provided. The information that you asked for regarding “all correspondence between CEC and Tesco (or a party acting on Tesco’s behalf) regarding the Leith Waterworld site, either received or sent over the last year (1 December 2010 – 22 December 2010) will not be released. Under the terms of the Act, a request for information can be refused where one or more exemptions listed in the legislation apply. In this instance, the Council is applying the following exemption to the information that you have requested: In this instance, the Council is applying Commercial Interests and the Economy, Section 33 (1) (b) disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisations. We believe that it would significantly harm and substantially prejudice the company concerned with regard to any future tenders they pursue. Please note that in terms of section 16 of the Freedom of Information (Scotland) Act 2002; this letter constitutes a formal refusal notice.

A l a s ta i r M a c l e a n , D i r e ct o r of Co r p o r a t e G o v e r n a nc e

If telephoning ask for Gillian Ferrier
Waverley Court Business Centre 2:1, 4 East Market Street, Edinburgh EH8 8BG LP 6 EDINBURGH 8 Tel 0131 529 4198 Fax 0131 529 3603 email; gillian.ferrier@edinburgh.gov.uk

Your right to seek a review I appreciate that our decision may disappoint you and I am sorry that we have not been able to release all the information you requested on this occasion. If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the Head of Legal and Administrative Services, The City of Edinburgh Council, Waverley Court Business Centre 3:1, 4, East Market Street, Edinburgh, EH8 8BG or email: legal.foi@edinburgh.gov.uk Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the RFI reference number above in any future communications. If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at: The Office of the Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews Fife KY16 9DS Telephone: 01334 464610 Fax: 01334 464611 Website www.itspublicknowledge.info E-mail: enquiries@itspublicknowledge.info Yours sincerely

Gillian Ferrier Corporate Governance Case Manager

A l a s ta i r M a c l e a n , D i r e ct o r of Co r p o r a t e G o v e r n a nc e

If telephoning ask for Gillian Ferrier
Waverley Court Business Centre 2:1, 4 East Market Street, Edinburgh EH8 8BG LP 6 EDINBURGH 8 Tel 0131 529 4198 Fax 0131 529 3603 email; gillian.ferrier@edinburgh.gov.uk