EIR 12(4)(a): Difference between revisions
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Alex skene (talk | contribs) Created page with '''' EIR 12(4)(a) exemption - not held ''' tbc == What the law says == tbc == Official guidance == tbc == ICO Decision Notices == {{DNExemptionInfoBox|exemption=EIR 12(4)(...' |
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''' EIR 12(4)(a) | ''' EIR 12(4)(a) exception - information not held ''' | ||
{{Quote box|quote = | |||
For the purposes of the EIR, information is held when it: | |||
* “is in the authority’s possession and has been produced or received by the authority; or | |||
* is held by another person on behalf of the authority.” | |||
The key issue in this exception is whether the information is held at the time “when an applicant’s request is received”. | |||
(c) [[FOIwiki:Copyrights|Information Commissioner's Office]] | |||
| width = 80% | |||
| align = center | |||
| halign = left | source = [http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf (Source: ICO guidance)] | |||
}} | |||
== What the law says == | == What the law says == | ||
Regulation 12. | |||
:(4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that— | |||
::(a) it does not hold that information when an applicant’s request is received; | |||
Regulation 3. | |||
:(1) Subject to paragraphs (3) and (4), these Regulations apply to public authorities. | |||
:(2) For the purposes of these Regulations, environmental information is held by a public authority if the information - | |||
::(a) is in the authority's possession and has been produced or received by the authority; or | |||
::(b) is held by another person on behalf of the authority. | |||
== Official guidance == | == Official guidance == | ||
* http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf | |||
* http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/holdinginfo.htm | |||
* http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf | |||
== ICO Lines To Take == | |||
{{LTTInfoBox|exemption=EIR 12(4)(a)}} | |||
== ICO Decision Notices == | == ICO Decision Notices == | ||
Latest revision as of 18:32, 17 September 2010
EIR 12(4)(a) exception - information not held
For the purposes of the EIR, information is held when it:
The key issue in this exception is whether the information is held at the time “when an applicant’s request is received”. | |
| (Source: ICO guidance) | |
What the law says
Regulation 12.
- (4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that—
- (a) it does not hold that information when an applicant’s request is received;
Regulation 3.
- (1) Subject to paragraphs (3) and (4), these Regulations apply to public authorities.
- (2) For the purposes of these Regulations, environmental information is held by a public authority if the information -
- (a) is in the authority's possession and has been produced or received by the authority; or
- (b) is held by another person on behalf of the authority.
Official guidance
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/holdinginfo.htm
- http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf
ICO Lines To Take
| Relevant Lines to Take |
ICO Decision Notices
| Complaints upheld / partly upheld (P) | Complaints not upheld |
|
|
Includes DNs up to: 26 April 2010
| Exceptions |
| 12(3) 12(4)(a) 12(4)(b) 12(4)(c) 12(4)(d) 12(4)(e) 12(5)(a) 12(5)(b) 12(5)(c) 12(5)(d) 12(5)(e) 12(5)(f) 12(5)(g) |
