EIR 12(4)(c): Difference between revisions
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''' EIR 12(4)(c) | ''' EIR 12(4)(c) exception - request formulated in too general a manner ''' | ||
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When a request has been made in general terms and it is difficult to determine what information the applicant actually wants, an authority does not have to disclose information. To claim the exception, an authority must follow the requirements of regulation 9(2). Where it receives a request which is “too general”, it must contact the applicant within 20 working days and help him or her to refine or clarify the request. | |||
(c) [[FOIwiki:Copyrights|Information Commissioner's Office]] | |||
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| 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)]. | |||
}} | |||
* The ICO has a separate guidance document giving further details on what a public authority must do when interpreting an EIR request, and what sort of advice must be given. [http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/practical_application/eiradviceandassistance.pdf] | |||
== 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— | |||
::(c) the request for information is formulated in too general a manner and the public authority has complied with regulation 9; | |||
Regulation 9 refers to the provision of advice and assistance | |||
== Official guidance == | == Official guidance == | ||
* http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-6.pdf | |||
* http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/practical_application/eiradviceandassistance.pdf | |||
* http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf | |||
== ICO Decision Notices == | == ICO Decision Notices == | ||
Revision as of 01:43, 8 May 2010
EIR 12(4)(c) exception - request formulated in too general a manner
| When a request has been made in general terms and it is difficult to determine what information the applicant actually wants, an authority does not have to disclose information. To claim the exception, an authority must follow the requirements of regulation 9(2). Where it receives a request which is “too general”, it must contact the applicant within 20 working days and help him or her to refine or clarify the request. | |
| (Source: ICO guidance). | |
- The ICO has a separate guidance document giving further details on what a public authority must do when interpreting an EIR request, and what sort of advice must be given. [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—
- (c) the request for information is formulated in too general a manner and the public authority has complied with regulation 9;
Regulation 9 refers to the provision of advice and assistance
Official guidance
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-6.pdf
- http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/practical_application/eiradviceandassistance.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 |
|
None |
None |
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) |
