6th April 2010
Our ref: RFI #662
Your ref:
Juniper House
Murley Moss
Oxenholme Road
Susan Davis [[FOI #28444 email]]
Kendal
LA9 7RL
T 0300 060 0351
F 0300 060 2126
Dear Ms Davis
Access to Information Request – Partial release – RFI #662
Thank you for your request for information about:
“Please could you release all information which you are able to release in relation to the Cypripedium committee, and
Natural England's participation in it (as well as that of your predecessor bodies), including copies of any minutes of the
committee's meetings.
Naturally, given the conservation status of Cypripedium calceolus, I would expect you to take care over the selection
of information to be released, and to redact any information which may endanger the species' conservation status if
released.”
which we received on 5th February 2010. Your request has been carefully considered under the Environmental
Information Regulations 2004.
A copy of the information is enclosed in the format you requested. In order to provide the information requested within
the time limit of 18 hours set out by the Information Commissioner’s Office, we have limited the scope of the request to
Cypripedium Committee meetings held between 1979 and 2009. Following a search of our paper and electronic
records, I have established that the minutes for the Cypripedium Committee meeting from 2000, 1993, and 1981-1987
cannot be located.
Some of information you requested is being withheld as it falls under the exceptions in Regulation 12(5)(g) and
Regulation 13 of the Environmental Information Regulations 2004.
Regulation 12(5)(g)
Regulation 12(5)(g) states that:
a
“…public authority may refuse to disclose information to the extent that its disclosure would adversely
affect..
(g) the protection of the environment to which the information relates.”
The Information Commissioner’s Office guidance on this exception states that:
“The ultimate aim of the EIR, and the EU Directive and Aarhus Convention upon which it is based, is to
increase the protection of the environment by ensuring greater access to environmental information. It would
clearly be contradictory if disclosure of information would lead to damage to the environment.”
This exception applies in relation to any information that would identify the location of the protected species.
This species is a Critically Endangered orchid in the UK and is known to be vulnerable to collectors. Any disturbance
to or collection from its wild or re-introduction sites would represent a major set-back to its recovery and could
jeopardise its existence as a wild plant in this country.
I have considered whether it is in the public interest to disclose the information covered by these exceptions, as is
required by the Regulations. On balance I am of the view that it would not be in the public interest to disclose this
information. By releasing any information that would identify the location or locations of the protected species, it would
place the species at risk.
The Information Commissioner’s Office guidance can be accessed below:
http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/introduction_to_eir_exceptions.p
df
Regulation 13
The names and contact details of private individuals are considered by Natural England to be personal information as
defined by the Data Protection Act 1998.
The First Data Protection Principle says that personal data ‘shal be processed fairly and lawfully’. Guidance published
by the Information Commissioner, ‘Freedom of Information Act 2000, Awareness Guidance No 1’, states that when
considering fairness the following questions should be taken into account:
Would the disclosure cause unnecessary or unjustified distress or damage to the person who the
information is about?
Would the third party expect that his or her information might be disclosed to others?
Had the person been led to believe that his or her information would be kept secret?
Has the third party expressly refused consent to disclosure of the information?
When names and contact details are collected from individuals by Natural England we do not inform them that the
information will remain confidential or that it may be released, however, we believe that there is an expectation of
confidentiality.
The release of names or contact details and any subsequent contact may cause unnecessary or unjustified distress or
damage to the individuals if released, and they have a reasonable expectation of confidence.
Natural England is therefore satisfied that the information requested fits the definition of personal data and that its
release would be ‘unfair’ under the meaning of the first Data Protection Principle and should not be released.
Please note that the information we have supplied to you is subject to copyright protection under the Copyright
Designs and Patents Act 1988. You may re-use this information (not including logos) free of charge in any format or
medium, for the purposes of research for non-commercial purposes, private study, criticism, review and news
reporting. You must re-use it accurately and not in a misleading context. The material must be acknowledged as
Natural England copyright and you must give the title of the source document/publication. However, if you wish to re-
use all or part of this information for commercial purposes, including publishing you will need to apply for a licence.
Applications can be sent to Enquiry Service, Natural England, Northminster House, Peterborough, PE1 1UA.
This information may also contain third party copyrighted material and you will need to obtain permission from the
copyright holders concerned before you re-use it.
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or
request a review of our decision, please contact Donna Radley, Natural England, Northminster House, Northminster
Road, Peterborough, PE1 1UA. Under Regulation 11(2) this needs to be done no later than 40 working days after the
date of this letter.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for
a decision. Generally, the Commissioner cannot make a decision unless you have exhausted the complaints
procedure provided by Natural England. The Information Commissioner can be contacted at: The Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 01625 545 700,
www.ico.gov.uk. If you have any queries about this letter, please contact me.
Yours sincerely
Ian Taylor
Senior Specialist, Evidence & Analysis
