Location of all mobile phone masts in the UK, as shown by the sitefinder database.

Ian Stirling made this Freedom of Information request to Office of Communications

The request was refused by Office of Communications.

From: Ian Stirling

6 October 2010

Dear Office of Communications,

I refer partially to an earlier request for this information, as
detailed in the exchange below.

http://www.whatdotheyknow.com/request/ma...

Specifically, a response by Alex Bevan of your organisation on the
5th of September 2008, that you could not provide this information
as required to by the high court, after your appeal to it on the
Information commissioners decision that you must publish failed,
and that you were considering a further appeal.

I can find no public details of a subsequent appeal.
If this occurred, what was the verdict?

If this did not occur, could you please release the data.

Ideally this would be in the form of a simple spreadsheet or CSV
file, of all information held on each cell site, with
latitude/longitude.

Yours faithfully,

Ian Stirling

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From: Information Requests
Office of Communications

8 October 2010

Dear Mr Stirling

Thank you for your request for information about the dataset behind the Sitefinder database.

The case you refer to in your email has progressed through the Administrative Court, Court of Appeal, and most recently, the Supreme Court. The Supreme Court referred the case to the European Court of Justice, where it is currently awaiting a date for a hearing.

You may find it useful to refer to the Supreme Court's Press Summary for the case, available here:

http://www.supremecourt.gov.uk/decided-c...

You may also find useful the Supreme Court's full judgement, available here:

http://www.supremecourt.gov.uk/decided-c...

As the case is still of the subject of ongoing court proceedings, Ofcom is not obliged to provide the dataset.

Please ensure that when using the provided information in any way, you comply with all relevant legislation. For example, the information provided may be protected by copyright under the Copyright, Designs and Patents Act 1988 (as amended). If in doubt, please seek independent legal advice. For Ofcom’s policy on copyright and related issues, please refer to http://www.ofcom.org.uk/disclaimer.

If you have any queries about this email, please contact me. Please remember to quote the reference number 1-158921521 in any future communications.

Yours sincerely

Richard Neudegg
Information Requests

This email is sent as routine correspondence from the Information Requests Team and has not been treated as a response to a request for information under the Freedom of Information Act 2000. If you think it should, please let us know.

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Ian Stirling left an annotation (26 October 2012)

Quote-marks Quoting from the OFCOM site.
"
Ofcom appealed the Tribunals Decision in the UK Courts and in January 2010, the UK Supreme Court referred the matter to the European Court of Justice (ECJ) (http://www.supremecourt.gov.uk/docs/uksc...) seeking clarification of a point of law. The ECJ has clarified that Ofcoms view was correct, that in balancing the public interests in favour of and opposed to disclosing information, relevant factors should be considered cumulatively rather than separately (European Court Judgments and Opinions, case number C-71/10).
On 6 October 2011, the Supreme Court ordered that the matter should be remitted to the Tribunal for a differently constituted tribunal to reconsider the public interest balancing exercise."

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