Dear Mr Walker

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

(Our Ref: FOI_09-171)

Your request for information received on 27 November 2009 for a copy of an entire email currently listed on a public website 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:

It is our belief that section 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.

Regardless of the fact that a version of the requested information is 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)(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'. The ability of academic staff to speak freely and frankly about their work is one of the cornerstones of academic freedom and is essential to the proper assessment and evaluation of research in preparation for publication.

There is a very strong public interest in maintaining the ability of academics to exchange views freely and frankly. The long-accepted practice of peer-reviewed publication of research results provides an avenue for the assessment of the academic quality of work, and affords the accountability and transparency that the public interest merits. Release of the requested correspondence adds nothing to the understanding of the spending of public monies. In sum, we feel that the public interest in preserving the ability of academics to exchange opinions freely and frankly 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