Dear Mr Walker

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

(Our Ref: FOI_09-170)

Your request for information received on 27 November 2009 for “copies of all correspondence (including emails) between the UEA Chief Librarian and Phil Jones, Director of the Climatic Research Unit (CRU), from 1st January 2008 to the present date” 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:

It is our belief that section 31(a) and (b) applies because pursuant to an investigation carried out by the Norfolk Constabulary, this information is relevant to a current investigation by police forces 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)(b)(i)&(ii), 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' and `the provision of advice'. The ability to speak freely and frankly about the administration of a request under the Act and to provide advice to staff members engaged in the process is essential to ensure that we meet our obligations under the Act and address the legitimate interests of the University. All options need to be discussed openly and advice offered to staff involved in the process, and the disclosure of such information would certainly inhibit our ability or willingness to engage in such discussions in future.

As required by the Act, we state in every response the reason for our decisions, and the thinking behind those decisions. These decisions, and the reasoning behind them, are open to challenge by the requester and can ultimately be adjudicated by the Information Commissioner and Information Tribunal.

There is a very strong public interest in preserving the ability of an institution to discuss FOIA requests openly and freely in order to ensure that all options are addressed, assessed and either chosen or rejected. As noted above, the outcome of this process is open to challenge and adjudication which provides the transparency and accountability required under the Act. Therefore, the public interest in the non-disclosure of this internal correspondence outweighs the public interest in disclosure.

We invoke section 40(1) 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