Information Services Directorate
Library
Mr. David Holland
University of East Anglia
Norwich NR4 7TJ
United Kingdom
Email
: [University of East Anglia request email]
Tel: +44 (0) 1603 593 523
26 January 2010
Fax: +44 (0) 1603 591 010
Web: http://www.uea.ac.uk
Dear Mr. Holland
ENVIRONMENTAL INFORMATION REGULATIONS 2004 – INFORMATION
REQUEST (FOI_09-174; EIR_09-24)
Your request for information received on 28 November 2009 for a spreadsheet sent
as an attachment to an email of 28 July 2006 from Jonathan Overpeck has now been
considered, and, upon consideration, 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:
Exception
Reason
Reg. 12(4)(a) – Information not
The requested information was not held
held
at the time of the request
Reg. 12(5)(b) – Disclosure would
Information is held by the police in
adversely affect a criminal enquiry
connection with a current investigation
We believe that Regulation 12(4)(a) applies to your request because the only location
that this information was held on was on a backup server as the original information
had been ‘deleted’ some years ago. Pursuant to an investigation carried out by the
Norfolk Constabulary, the server upon which the requested information resided was
taken from the University grounds on 24 November and now resides with the police
forces conducting an investigation into a possible criminal offence. Therefore, at the
time of the request, we did not hold the requested information, and we currently have
no access to either the server or any of the material on it.
Regulation 12(5)(b) also applies to the data requested because the requested data is
part of a larger set of data that is the subject of an ongoing police investigation. Such
information is now under an embargo by the investigating forces and any disclosure
would adversely affect the ability of that public authority to conduct the criminal
enquiry.
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 the case of
Regulation 12(4)(a), there really is no consideration of the public interest as we
simply did not, at the time of the request, nor do not now, have the requested
information. Turning to Regulation 12(5)(b), we feel that there is a strong public
interest in protecting the ability of police forces to investigate criminal offences and
that we should abide by established procedures by which evidence is gathered and
used. Overall, we therefore believe that the public interest in non-disclosure of the
information outweighs that in favour.
I should note that whilst we believe that it is possible that this material is already in
the public domain due to the illegal penetration and use of University computing
facilities, this does not relieve us of our obligations to address any request on its
merits under the Regulations.
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: 0160 3 593523
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
