EIR 12(4)(b): Difference between revisions
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''' EIR 12(4)(b) exception - manifestly unreasonable ''' | ''' EIR 12(4)(b) exception - manifestly unreasonable ''' | ||
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* The word “manifestly” means that a request should be obviously or clearly unreasonable. There should be no doubt as to whether the request was unreasonable. Volume and complexity alone may not be sufficient to make a request manifestly unreasonable. The fact that a request would be considered vexatious or repeated under the Freedom of Information Act 2000 (the “FOIA”) does not, in itself, make a request made under the EIR manifestly unreasonable. | * The word “manifestly” means that a request should be obviously or clearly unreasonable. There should be no doubt as to whether the request was unreasonable. Volume and complexity alone may not be sufficient to make a request manifestly unreasonable. The fact that a request would be considered vexatious or repeated under the Freedom of Information Act 2000 (the “FOIA”) does not, in itself, make a request made under the EIR manifestly unreasonable. | ||
* There are no cost limits for responses to requests for environmental information; it may therefore be possible for some exceptionally costly requests to be considered manifestly unreasonable. | * There are no cost limits for responses to requests for environmental information; it may therefore be possible for some exceptionally costly requests to be considered manifestly unreasonable. | ||
Revision as of 01:33, 8 May 2010
EIR 12(4)(b) exception - manifestly unreasonable
* The word “manifestly” means that a request should be obviously or clearly unreasonable. There should be no doubt as to whether the request was unreasonable. Volume and complexity alone may not be sufficient to make a request manifestly unreasonable. The fact that a request would be considered vexatious or repeated under the Freedom of Information Act 2000 (the “FOIA”) does not, in itself, make a request made under the EIR manifestly unreasonable.
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| (Source: ICO guidance). | |
- See main article: vexatious requests - the ICO recommends reading their Awareness Guidance 22 document.
- Defra suggest that the £450 / £600 limit should be used as a guideline, and that advice & assistance be given to the requester to amend or refine their request so that it comes within the appropriate limit. [1]
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—
- (b) the request for information is manifestly unreasonable;
Official guidance
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/eir-feeguidance.htm
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf
- http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf
ICO Decision Notices
| Complaints upheld / partly upheld (P) | Complaints not upheld |
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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) |
