date: Wed, 23 Jul 2008 16:03:25 +0100
from: "Palmer Dave Mr \(LIB\)" <David.PalmeratXYZxyz.ac.uk>
subject: FW: FOI_08-323; EIR_08-01
to: "Colam Jonathan Mr \(ISD\)" <J.ColamatXYZxyz.ac.uk>
After discussion with the CRU folks, and Michael McGarvie, we amended our approach to deal
with this under FOI from EIR and I communicated this decision to Mr. Holland on 19 May
2008. In response to this letter, he stated (amongst other things), "My request remains on
the basis of either the FOIA or the EIR and it is not immediately obvious to me how one
decides which might apply in advance." (Holland to Palmer, 27 May 2008)
Our decision to process under FOIA was based upon a determination of the content of the
material requested from the persons most knowledgeable of it at UEA, namely Mssrs. Briffa,
Osborn & Jones. Essentially the requester is trying to have another bite of the cherry -
if the ICO feels that we have not used the EIR when we should have, they can tell us that
and we will reconsider.
I would, however, contend that the position that we have adopted under FOIA would be
maintainable under EIR as the exemptions under that Act mirror those under FOIA, save for
s.36 and s.12 (no appropriate limit within EIR), so we would still have a claim to exempt
information whose disclosure would adversely affect international relations (Reg. 12(5)(a))
or where disclosure would adversely effect the interests of the person who provided the
information where consent to disclosure has not been given (Reg. 12(5)(f)(iii)).
If you wish, we can have a brief discussion about how to proceed - I will also contact the
ICO to make sure whatever we do here is not any egregious error....
From: David Holland [mailto:email@example.com]
Sent: Wednesday, July 23, 2008 2:40 PM
To: Colam Jonathan Mr (ISD)
Cc: David Keith Palmer
Subject: Re: FOI_08-323; EIR_08-01
I attach my response to your letter received 17 July 2008
----- Original Message -----
From: Colam Jonathan Mr (ISD)
To: David Holland
Sent: Thursday, July 17, 2008 5:15 PM
I attach my response to your request received on 20 July by Mr. Palmer.
Director of Information Services
Information Services Directorate
University of East Anglia
Attachment Converted: "c:\eudora\attach\CRU20080723H.pdf"