Dear Mr. Walker

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST (FOI_09-166; EIR_09-23)

Your request for information received on 25 November 2009 for “a copy of the dataset that was used to create the Climate Research Unit's temperature record” has been considered, and it is, unfortunately, not possible to meet your request.

In accordance with Regulation 14 of the Environmental Information Regulations 2004 this letter acts as a Refusal Notice, and I am not obliged to supply this information and the reasons for exemption are as stated below:

We believe that Regulation 6(1)(b) applies to your request for the data because the requested data is a virtually identical to data already available from other sources; for example, the Global Historical Climatology Network (GHCN). It is our position that this information is both publicly available and easily accessible to the requester.

Regulation 12(5)(f) applies to the data requested because the data was received by the University on terms that limits further transmission. We believe that there would be an adverse effect on the institutions that supplied data under those agreements as it would undermine the conditions under which they supplied the data to the Climate Research Unit.

All the agreements that we do hold in relation to the requested data will shortly be available on the Climate Research Unit website at: http://www.cru.uea.ac.uk/ once the website is re-established.

We believe that disclosure of the requested data would have an adverse effect on the institutions that supplied data under those agreements as it would undermine the conditions under which they supplied the data to the Climate Research Unit.

Regulation 12(1)(b) mandates that we consider the public interest in any decision to release or refuse information under Regulation 12(4) and Reg. 12(5). In this case, we feel that, despite recent events, there remains a strong public interest in upholding contract terms governing the use of received information. To not do so would be to potentially risk the loss of access to such data in future as noted above.

I should note, however, that, at the request of UEA, the Met Office is now in the process of contacting all the national agencies regarding obtaining consent for release of data. This work has been announced on both the CRU and Met Office websites and further updates on its progress will be available at those locations.

I apologise that your request will 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: 0160 393 523

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.

Subsequent to our determination of your appeal, you also have a further 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 and Compliance Manager

University of East Anglia

http://www.ncdc.noaa.gov/oa/climate/ghcn-monthly/index.php