1 April 2010
Ms Hannah Hutchison
Dear Ms Hutchison
Request under the Freedom of Information Act (FOI Act) 2000
I am formally responding on behalf of Liverpool John Moores University (LJMU) to your
request received by email on 8 March 2010 for a disclosure of information under the
Freedom of Information Act 2000.
You requested various pieces of information relating to the Global Warming Policy
Foundation (GWPF) and Dr Benny Peiser.
Before proceeding to respond to the specifics of your request, the University considers that
it would be helpful if it clarified the position in respect of its relationship with the Global
Warming Policy Foundation. [GWPF]
Liverpool John Moores University has no association with the Global Warming Policy
Foundation [GWPF]. Dr Benny Peiser is employed as a 0.5FTE lecturer in this institution.
The other 0.5FTE of his time is spent acting on behalf of GWPF as their Director. These
roles are separate. Any activities that Dr Peiser undertakes on behalf of the Foundation
do not form part of his duties as a member of staff of this institution.
Turning to your request, the FOIA requires a public authority in receipt of a request for
information to inform the requestor if the information is held and, subject to any exemption
that might apply, to disclose the information.
In deciding whether the information is “held” as defined by the Act, the University has
referred to The Information Commissioner’s Office [ICO] Guidance Note No. 12 [
“When is
information caught by the Freedom of Information Act?”]
http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialis
t_guides/awareness_guidance_12_info_caught_by_foi_act.pdf
The Guidance Note
states
“non-official information in the possession of public
authorities…… would not be caught by FOI, provided that the information is not created by
a member of staff in the course of their duties”.
The guidance note then goes further to describe the factors that
“would indicate that the
information is held solely on behalf of another person:
Jeanette Wordsworth : Freedom of Information Officer
Egerton Court, No.2 Rodney Street, Liverpool. L3 5UX Telephone 0151-231-3116 Facsimile 0151-707 2461 E-mail : [email address]
The authority has no access to, use for, or interest in the information
The authority is merely providing storage facilities, whether physical or electronic”
In other words, the mere possession of information by the University, does not amount to
“holding” it under the terms of the Act if it has not been created or collected by a member
of staff of the University in the course of his/her duties.
This interpretation of information “held” has been re-affirmed by a number of Decision
Notices, including FS5082767
[British Broadcasting Corporation] and FS50245527
[University of Plymouth].
http://www.ico.gov.uk/upload/documents/decisionnotices/2006/fs50082767_dn.pdf
http://www.ico.gov.uk/upload/documents/decisionnotices/2010/fs_50245527.pdf
The Information Commissioner decided in both cases that information generated by a
public authority employee, where acting in a private capacity outside of any employment
by the public authority, is not held by that public authority within the terms of the Act. In
the case of FS50245527, the Information Commissioner also decided that
“an individual
could take part in other activities and send and receive personal emails through an
employer’s system whilst in paid employment”.
As stated earlier in this letter, Dr Benny Peiser’s activities with the Global Warming Policy
Foundation are not part of his duties as an employee of this University. Consequently, any
information that may be on the University’s systems is not “held” by virtue of Section 3(2)
of the Freedom of Information Act.
The University considers it has fully complied with your request, but if you wish to seek an
internal review, you should do so in writing to Mr Brian Kerrigan, Director of Corporate
Services, Liverpool John Moores University, Rodney House, Liverpool L3 5UX. A copy of
the University’s Freedom of Information Complaints and Appeals Procedure is enclosed.
Once having appealed, if you are still not satisfied with our response you have the right to
apply to the Information Commissioner for a decision whether, in any specified respect,
your request for information has been dealt with in accordance with the requirements of
Part I of the Freedom of Information Act 2000. The Information Commissioner's address
is: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Details on how to
complain can be found on the Information Commissioner’s website:
www.ico.gov.uk Yours sincerely
Jeanette Wordsworth
Jeanette Wordsworth
Freedom of Information Officer
Enc.
Jeanette Wordsworth : Freedom of Information Officer
Egerton Court, No.2 Rodney Street, Liverpool. L3 5UX Telephone 0151-231-3116 Facsimile 0151-707 2461 E-mail : [email address]
