Dear Mr Walker

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

(Our Ref: FOI_09-154)

Your request for information received on 20 November 2009 for “copies of all internal and external correspondence between Phil Jones, Director of the Climatic Research Unit (CRU), and any other person regarding the recent leak of information” has now been considered and unfortunately, it is not possible to provide the information directly.

In accordance with section.17 of the Freedom of Information Act 2000, this letter acts as a Refusal Notice, and I am not obliged to supply this information. The exemptions are clearly indicated within the attached document and the reasons for exemption are as stated below:

Section 12 applies because, given the complexity of the investigation and extent of information requested, extraction of data from all the locations where it might be held would exceed the statutory limit as provided for by section 12 and the Fees Regulations.

If held, it is our belief that s.31(a) and (b) applies because pursuant to an investigation carried out by the Norfolk Constabulary, the server and servers upon which the requested information resided was taken from the University grounds and now resides with the police forces conducting an investigation into a possible criminal offence. Disclosure of any information relevant to that investigation at this point could or would prejudice the ongoing investigation of this matter.

There is a clear public interest in preserving the integrity of, and public confidence in, criminal investigations. As this matter is currently under investigation, the public interest in non-disclosure is even higher than it would be otherwise.

Regardless of the fact that some of the information is likely to be already in the public domain due to the illegal penetration and use of University computing facilities, this fact does not relieve us of our obligations to address any request on its merits under the Act.

As to section 36(2), in the opinion of our `qualified person' as defined by the Act, the Vice-Chancellor of this University, disclosure of this information would be likely to inhibit `the free and frank exchange of views for the purpose of deliberation'. The ability to speak frankly about serious breaches of information security, and our reaction thereto, is essential to ensure that we address the breach in an efficient and effective manner. There is a very strong public interest in maintaining the ability of institutions to respond to such events properly, quickly and effectively, particularly where there is an ongoing criminal investigation and we feel that disclosure of correspondence such as has been requested would not be in the public interest at this time.

We invoke section 40 because, it is our belief based on internal consultation, that personal information is within the requested information, and we do not have consent for the release of that information. Therefore, disclosure without that consent would contravene the first data protection principle and is therefore barred by section 40.

I apologise that your request will not be met, but if you have any further information needs in the future then please contact me.

If you have any queries or concerns, or, if you are dissatisfied with the handling of your request please contact me at:

University of East Anglia

Norwich

NR4 7TJ

Telephone: 01603 593 523

E-mail: [University of East Anglia request email]

You also have the right of appeal against the decision. If you wish to appeal, please set out in writing your grounds of appeal and send to me at the same address as noted above.

You can also have a subsequent right of appeal to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   01625 545 745
www.ico.gov.uk

Yours sincerely

David Palmer

Information Policy & Compliance Manager

University of East Anglia