Friday, June 15, 2012

5197.txt

cc: "Ogden Annie Ms (MAC)" <A.OgdenatXYZxyz.ac.uk>, "Colam-French Jonathan Mr (ISD)" <J.ColamatXYZxyz.ac.uk>
date: Wed Sep 23 12:26:15 2009
from: Phil Jones <p.jonesatXYZxyz.ac.uk>
subject: Re: FW: Environmental Information Regulations 2004 request
to: "Palmer Dave Mr (LIB)" <David.PalmeratXYZxyz.ac.uk>, "Mcgarvie Michael Mr (ACAD)" <k364atXYZxyz.ac.uk>

Dave,
We should discuss this one on October 1 at 08.30.
This person is threatening in his final sentence. He claims to be Deputy Head of Life
Sciences, but it would seem he has done no research in his life. He is an active blogger on
Climate Audit.
By Oct 1 I might have more news from the Met Office. They are wanting to do as little as
possible as they have just lost all the MoD money for climate science, which was �4M per
year.
Cheers
Phil

At 11:27 21/09/2009, Palmer Dave Mr (LIB) wrote:

Folks,
NOW we have an appeal of this request and I will treat it as such. We have 28 days for
the 'informal' answer which gives me a deadline of 19 October.
He is disputing the rationale of our exceptions & is asking for 'evidence'....

Cheers, Dave
___________________________________________________________________________________

From: Keiller, Donald [[1]mailto:Don.Keiller@anglia.ac.uk]
Sent: Friday, September 18, 2009 4:17 PM
To: Palmer Dave Mr (LIB)
Subject: FW: Environmental Information Regulations 2004 request (FOI_09-128; EIR_09-19)
- Response
Importance: High
Dear Mr. Palmer having had some more time to digest exactly what is said in the
attached:

Firstly I note that you have not stated that I have the right to an Internal Review of
the decisions that were stated in the attached response.
By not explicitly stating this, you are in technical breach of the Act

I now wish that an internal review of the decision to withhold data is undertaken.

In this connection I note that Regulation 9(1) states
"A public authority shall provide advice and assistance, so far as it would be
reasonable to expect the authority to do so, to applicants and prospective applicants".
In particular I want to know why you think it is unreasonable to ask for the exact
dataset, as described in a peer- reviewed published paper, on a subject of great public
interest and where the usual scientific convention is that authors must provide
sufficient detail to allow others to replicate their work. How can you possibly claim it
is "manifestly unreasonable" to send me the same data that you have sent elsewhere
without any actionable undertakings from that recipient?
I also require UEA to justify its assertion that disclosure of said information and
data, which virtually all Academies of Science and most journals regard as essential,
would have an "adverse effect on international relations and would damage relations with
scientists & institutions from other nations". This assertion requires evidence to
support it, otherwise it appears to be merely a convenient excuse.
Finally I note that there is an obvious contradiction in your claim that you are trying
"to seek permission from data suppliers in advance of the next update of the CRUTEM
database in 2010 in order to provide public access to this data" and the fact that you
are unable to show anything other than a couple of rather old and ineffectual documents
to support your claim that this is a significant problem.
Accordingly I ask that you immediately publish or send me the data for which you cannot
substantiate that an actionable restrictive contract exists.
Yours sincerely,
Dr. D.R. Keiller,
Deputy Head of Life Sciences
___________________________________________________________________________________

From: Palmer Dave Mr (LIB) [[2]mailto:David.Palmer@uea.ac.uk]
Sent: 11 September 2009 13:16
To: Keiller, Donald
Subject: Environmental Information Regulations 2004 request (FOI_09-128; EIR_09-19) -
Response
Dr. Keiller

Attached please find a response to your request received on 14 August 2009. If you have
any questions don't hesitate to contact me.

Cheers, Dave Palmer

____________________________
David Palmer
Information Policy & Compliance Manager
University of East Anglia
Norwich, England
NR4 7TJ
Information Services
Tel: +44 (0)1603 593523
Fax: +44 (0)1603 591010



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Prof. Phil Jones
Climatic Research Unit Telephone +44 (0) 1603 592090
School of Environmental Sciences Fax +44 (0) 1603 507784
University of East Anglia
Norwich Email p.jonesatXYZxyz.ac.uk
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