View source for ICO policy documents: Line to Take/February 2011

''Main article: [[LTT|ICO Lines to Take]]''

== February 2011 release ==

* An updated list was requested via FOI and is available on WhatDoTheyKnow  [http://www.whatdotheyknow.com/request/ico_foi_complaints_info]. 
* The ICO released the information from their Intranet in a non-machine readable way - rather than saving the information from their intranet in HTML format, they printed out the relevant pages, scanned them as images to 4 PDF files of 3-4MB in size, and no OCR information was available in the PDFs.
* A significant amount of work was therefore required to update the LTTs on this wiki.

* The original 4 files were split as follows:
:* [http://www.whatdotheyknow.com/request/57821/response/149883/attach/2/Updates%20LTT%205%2080.pdf LTT 5 of 80]
:* [http://www.whatdotheyknow.com/request/57821/response/149883/attach/3/Updates%20LTT%2082%20143.pdf LTT 82 of 143]
:* [http://www.whatdotheyknow.com/request/57821/response/149891/attach/2/Updates%20LTT%20144%20183.pdf LTT 144 of 183]
:* [http://www.whatdotheyknow.com/request/57821/response/149891/attach/3/Updates%20LTT%20184%20193.pdf LTT 184 of 193]

== Notes on the release ==


=== New LTTs ===

* 16 new LTTs were provided.  They are listed below, and most cover the internal handling of cases by ICO staff dealing with FOI or EIR complaints on procedural breaches.
:* [[LTT178 - A public authority shall not charge for allowing an applicant to inspect information]]
:* [[LTT179 - Section 22 only applies to information clearly intended for publication]]
:* [[LTT180 - The endangerment test under s38]]
:* [[LTT181 - Information / Documents post-dating an investigation]]
:* [[LTT182 - Vexatious requests under EIR]]
:* [[LTT183 - Discretion to order no steps]]
:* [[LTT184 - Functions and statutory bars]]
:* [[LTT185 - Condition 5 Schedule 3 Data Protection Act 1998 (condition for processing sensitive personal data)]]
:* [[LTT186 - When a refusal notice is not required in respect of a vexatious request]]
:* [[LTT187 - Investigating procedural breaches - gateway line]]
:* [[LTT188 - Issuing a DN in relation to information already disclosed]]
:* [[LTT189 - Non-response cases]]
:* [[LTT190 - Decision notices ordering the PA to reconsider the request]]
:* [[LTT191 - Internal review under the EIR - issuing a DN requiring an internal review]]
:* [[LTT192 - Rejecting procedural exemptions / exceptions]]
:* [[LTT193 - Finding that further information is held approach to decision notices]]


=== Updated LTTs ===

* The following 16 LTTs were updated: either following a change in direction to ICO case workers due to an Information Tribunal or higher court ruling, or to provide further case precedence to help continue to justify the ICO's position.  
* '''NB''': The previous version of the LTTs can be viewed by clicking the page's "history" tab, then choosing the "'''baselined xx/xx/xxxx version'''" page revision.


{| border="1" 
! LTT Ref
! Title
! Description of change
|-
| [[LTT5]]
| renamed to "Legal professional privilege under EIR" (was "Similarity of s42 and regulation 12(5)(b)"). 
| LTT added references to two recent Tribunal decisions which gave further support that regulation 12(5)(b) is the appropriate EIR exception for LPP.
|-
| [[LTT21]] 
| Exemptions and exceptions not claimed by a public authority.  
| IT case confirms that ICO has discretion to consider further exemptions. LTT amended to include requirement for ICO to consider for Human Rights Act 1998 & data protection issues when doing so.
|-
| [[LTT29]] 
| Finding in breach of sections 1, 10 or 17.  
| Updated approach on procedural breaches of FOIA.
|-
| [[LTT47]]
| Working days and variations to time for compliance.  
| Minor update to include Academies, and new definition for "Date of Receipt".
|-
| [[LTT55]] 
| Evidence from third parties.  
| LTT added reference to recent Tribunal decision which further supported the ICO's line.
|-
| [[LTT80]] 
| Defining environmental information.  
| Minor wording changes, no affect on overall line.
|-
| [[LTT82]] 
| "Any information on".  
| LTT added reference to recent Tribunal decision which further supported the ICO's line.
|-
| [[LTT90]] 
| “Duty” to read a request objectively.  
| No change to text - possibly incorrectly flagged as an updated LTT.
|-
| [[LTT92]] 
| Timing at which exemptions and public interest test are to be applied.  
| Move of procedural approach detail to new [[LTT183]].
|-
| [[LTT110]] 
| Drafts of documents where final versions are complete.  
| Tribunal case results in change in position to require a public interest test to be carried out on draft documents.
|-
| [[LTT121]] 
| Information held (on balance of probabilities) test.  
| Tribunal case gives further guidance.  No change in line position.
|-
| [[LTT123]] 
| Vexatious requests.  
| Guidance on interaction with Subject Access Requests provided.  More info on test for "serious purpose". EIR guidance moved to separate [[LTT182]].  
|-
| [[LTT143]] 
| Reasonably accessible information. 
| Only minor changes to qualify some of the text
|-
| [[LTT144]]
| Personal data - anonymised statistics.  
| Further clarification to take into account a pending High Court appeal in the DoH Abortion statistics case
|-
| [[LTT152]] 
| Naming Officials representing Lobbyists and Public Authorities. 
| Switch from using the Bavarian Lager Court of First Instance decision to Creekside v ICO & DCMS as basis of policy, which effectively remains unchanged.
|-
| [[LTT158]] 
| Functions exercised for specified purposes under section 31.  
| This LTT has been almost completely re-written to use a different definition of "function" and make the LTT clearer to implement.
|-
|}

[[category:ICO policy]]