Letterhead - plain

1st July 2010

Our ref:  RFI #750
Your ref:

Colt Park Barn
Chapel-le-Dale

Via Carnforth

Lancashire
[FOI #28444 email]
LA6 3JF

T
F
Dear Ms Davis

Request for information – Partial Release – RFI #750

Thank you for your request to receive copies of the Cypripedium Wild Site reports, which we received on the 5th
May 2010.  Your request has been considered under the Environmental Information Regulations 2010.

Enclosed are digital copies of the reports from 1990-1995 inclusive.  Due to the age of the reports and,
therefore, the work involved in scanning redacted copies to digital form, we have not been able to provide all
requested reports (those possible to provide within 18 hours) in digital form within the required time limit.  If you
are prepared to provide a postal address, I will be able to provide the remaining reports in hard copy.  Please
email [Natural England request email]  with your address if you‟re happy to do this, marked “FAO Ben
Heathcote”.  Please do not reply to this message with your address, as it will be reproduced on the
WhatDoTheyKnow website.  Further contact details for our Enquiries Service can be found at the below link.

http://www.naturalengland.org.uk/advice/enquiryservice/default.aspx

If you still require the redacted reports in digital form please respond informing us of that.  Natural England will
then continue to scan the reports and provide them as soon as is possible.

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_excepti
ons.pdf

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 Julian Small, Natural England, 4th Floor, Foss House, Kings
Pool, 1-2 Peasholme Green, York, YO1 7PX.  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

Colin Newlands (pp Ben Heathcote)
National Nature Reserve Manager