EIR 12(4)(a)

EIR 12(4)(a) exemption - not held

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) Information Commissioner's Office
(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;

In order to interpret this regulation, it is necessary to consider what is meant by "hold". This requires reference to Regulation 3:

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 Decision Notices

Complaints upheld / partly upheld (P)

Complaints not upheld

FS50078600 - Department for Environment Food and Rural Affairs - 05/02/2007

FS50209501 - Torridge District Council - 31/03/2010 FER0271919 - Chorley Borough Council - 18/03/2010 FER0239956 - Cheshire East Council (formerly Macclesfield Borough Council) - 04/02/2010 FER0253845 - Rural Payments Agency - 21/12/2009 FS50260693 - Chesterfield Borough Council - 03/12/2009 FS50230572 - Northamptonshire County Council - 09/11/2009 FS50193203 - Huntingdonshire District Council - 05/11/2009 FER0228185 - East Lindsey District Council - 27/10/2009 FER0201165 - Natural England - 24/08/2009 FS50209611 - The Highways Agency - 16/07/2009 FS50204499 - Redcar and Cleveland Borough Council - 17/02/2009 FER0162545 - London Borough of Waltham Forest - 18/09/2008 FS50142681 - Torbay Council - 19/02/2008 FER0162211 - Sutton and East Surrey Water plc - 12/11/2007

Includes DNs up to: 26 April 2010

Environmental Information Regulations 2004

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)