Communications Department
External Information Services
I Hudson
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
15 April 2020
Reference: F0004776
Dear Mr/ Ms Hudson
Thank you for your request of 10 March 2020, for the release of information held by the Civil
Aviation Authority (CAA).
Your request:
Following a recent FOIA request for the titles of emails between NATS and the CAA can I have
the complete emails (inc attachments where appropriate) for the following:
12/09/2018 RE: Proposed date for mtg with Google
07/11/2018 RE: Brief Conversation - Flight Restriction Policy
08/11/2018 RE: CONFIDENTIAL - Responses to DfT consultation
03/12/2018 RE: Fwd: Quick thoughts from Amsterdam
30/01/2019 Agenda for Friday's Team Session on EC/Drones/UTM
04/02/2019 Introduction
05/02/2019 RE: Introduction
20/02/2019 UTM Policy Development
21/02/2019 RE: UTM Policy Development
12/04/2019 CAP 1788
14/04/2019 Share the air - follow up / slides
14/04/2019 RE: Share the air - follow up / slides (OFFICIAL)
Our response:
Having considered your request in line with the provisions of the Freedom of Information
Act 2000 (FOIA), we are able to provide the information attached.
Civil Aviation Authority
Aviation House, Beehive Ring Road, Crawley, West Sussex RH6 0YR
. www.caa.co.uk
Email:
xxx.xxxxxxxx@xxx.xx.xx
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We have redacted personal information where disclosure of such personal information
would be unfair. The individuals concerned would not have had an expectation that their
personal data would be disclosed, and the CAA can identify no legitimate interest that
would be served by disclosing this personal information. Disclosure would therefore be a
breach of one of the data protection principles contained in Article 5 of the GDPR,
specifically Article 5(1)(a), which states that personal data shall be ‘processed lawfully, fairly
and in a transparent manner in relation to the data subject …’ Section 40(2) of the FOIA
provides an exception from the duty to disclose information that would contravene any of
the data protection principles (a copy of this exemption can be found below).
If you are not satisfied with how we have dealt with your request in the first instance you
should approach the CAA in writing at:-
Caroline Chalk
Head of External Information Services
Civil Aviation Authority
Aviation House
Beehive Ring Road
Crawley
RH6 0YR
xxxxxxxx.xxxxx@xxx.xx.xx
The CAA has a formal internal review process for dealing with appeals or complaints in
connection with Freedom of Information requests. The key steps in this process are set in
the attachment.
Should you remain dissatisfied with the outcome you have a right under Section 50 of the
FOIA to appeal against the decision by contacting the Information Commissioner at:-
Information Commissioner’s Office
FOI/EIR Complaints Resolution
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
https://ico.org.uk/concerns/
If you wish to request further information from the CAA, please use the form on the CAA
website at
http://publicapps.caa.co.uk/modalapplication.aspx?appid=24. Yours sincerely
Jade Fitzgerald
Information Rights Officer
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CAA INTERNAL REVIEW & COMPLAINTS PROCEDURE
▪
The original case to which the appeal or complaint relates is identified and the case
file is made available;
▪
The appeal or complaint is allocated to an Appeal Manager, the appeal is
acknowledged and the details of the Appeal Manager are provided to the applicant;
▪
The Appeal Manager reviews the case to understand the nature of the appeal or
complaint, reviews the actions and decisions taken in connection with the original
case and takes account of any new information that may have been received. This
will typically require contact with those persons involved in the original case and
consultation with the CAA Legal Department;
▪
The Appeal Manager concludes the review and, after consultation with those involved
with the case, and with the CAA Legal Department, agrees on the course of action to
be taken;
▪
The Appeal Manager prepares the necessary response and collates any information
to be provided to the applicant;
▪
The response and any necessary information is sent to the applicant, together with
information about further rights of appeal to the Information Commissioners Office,
including full contact details.
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Freedom of Information Act: Section 40
(1) Any information to which a request for information relates is exempt information if it
constitutes personal data of which the applicant is the data subject.
(2) Any information to which a request for information relates is also exempt information if
(a) it constitutes personal data which does not fall within subsection (1), and
(b) the first, second or third condition below is satisfied.
(3A) The first condition is that the disclosure of the information to a member of the public
otherwise than under this Act—
(a)would contravene any of the data protection principles, or
(b)would do so if the exemptions in section 24(1) of the Data Protection Act 2018
(manual unstructured data held by public authorities) were disregarded.
(3B) The second condition is that the disclosure of the information to a member of the public
otherwise than under this Act would contravene Article 21 of the GDPR (general
processing: right to object to processing).
(4A) The third condition is that—
(a) on a request under Article 15(1) of the GDPR (general processing: right of
access by the data subject) for access to personal data, the information
would be withheld in reliance on provision made by or under section 15, 16
or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or
(b) on a request under section 45(1)(b) of that Act (law enforcement processing:
right of access by the data subject), the information would be withheld in
reliance on subsection (4) of that section.
(5A) The duty to confirm or deny does not arise in relation to information which is (or if it
were held by the public authority would be) exempt information by virtue of subsection (1).
(5B) The duty to confirm or deny does not arise in relation to other information if or to the
extent that any of the following applies—
(a) giving a member of the public the confirmation or denial that would have to be given
to comply with section 1(1)(a)—
(i) would (apart from this Act) contravene any of the data protection principles, or
(ii) would do so if the exemptions in section 24(1) of the Data Protection Act 2018
(manual unstructured data held by public authorities) were disregarded;
(b) giving a member of the public the confirmation or denial that would have to be given
to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of
the GDPR (general processing: right to object to processing);
(c) on a request under Article 15(1) of the GDPR (general processing: right of access
by the data subject) for confirmation of whether personal data is being processed,
the information would be withheld in reliance on a provision listed in subsection
(4A)(a);
(d) on a request under section 45(1)(a) of the Data Protection Act 2018 (law
enforcement processing: right of access by the data subject), the information would
be withheld in reliance on subsection (4) of that section.
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(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this section—
“the data protection principles” means the principles set out in—
(a) Article 5(1) of the GDPR, and
(b) section 34(1) of the Data Protection Act 2018
“data subject” has the same meaning as in the Data Protection Act 2018 (see
section 3 of that Act);
“the GDPR”, “personal data”, “processing” and references to a provision of Chapter
2 of Part 2 of the Data Protection Act 2018 have the same meaning as in Parts 5 to
7 of that Act (see section 3(2), (4), (10), (11) and (14) of that Act).
(8) In determining for the purposes of this section whether the lawfulness principle in Article
5(1)(a) of the GDPR would be contravened by the disclosure of information, Article 6(1) of
the GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the
legitimate interests gateway in relation to public authorities) were omitted.