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Information Services Directorate |
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Library |
Mr. John Walker |
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University of East Anglia |
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Norwich NR4 7TJ |
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United Kingdom |
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23 December 2009 |
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Tel: +44 (0) 1603 593 523 |
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Fax: +44 (0) 1603 591 010 |
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Web: http://www.uea.ac.uk |
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Dear Mr Walker
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
(Our Ref: FOI_09-167)
Your request for information received on 25 November 2009 for email server and archive logs, and for telephone call logs and archives for Phil Jones for the period 1st January 2008 to present has now been considered and unfortunately, it is not possible to provide the information.
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:
Exemption |
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Reason |
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s.12(1), Appropriate limit exceeded |
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The time it would take to extract the information would exceed the appropriate limit |
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s.31(1)(a) & (b), Disclosure would prejudice detection of crime & the apprehension of criminals |
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Information is held by the police in connection with an ongoing criminal investigation |
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s.40(1), Personal information |
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Release of personal information would contravene the data protection principles |
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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.
Even if we could assemble the requested information within the appropriate limit, it is our belief that s.31(a) and (b) applies because the requested information is part of an ongoing investigation into criminal activity being carried out by Norfolk Constabulary. 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. For serious breaches of information security, and our reaction thereto, it is essential to ensure that we address the breach in an efficient and effective manner.
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 it 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