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Request FOI2015/11883

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Dear Royal Air Force,

Thank you for the response FOI2015/11883
To use Exemption 21, ICO guidance says that you have to hold the information. Can you confirm, in line with a correct response under the FOI act that the RAF hold the information requested.
The responses from elsewhere could be mistaken or it could be propaganda. Are you saying that the information held by the air force is the same in all respects as that given by the answers from elsewhere which you have provided?

Yours faithfully,

Nick Redwood

CIO-FOI (MULTIUSER), Royal Air Force

1 Attachment

Dear Mr Redwood,

 

Please find attached the response to FOI2017/06076.

 

Yours Sincerely,

 

MOD Information Rights Team.

Dear Royal Air Force,

You interpret my FOI as a late internal review request for this request https://www.whatdotheyknow.com/request/d... and ask me to start the whole process again.
However if you are doing this you have no excuse not to answer the internal review request when it was made that you have ignored up until now https://www.whatdotheyknow.com/request/d... which is precisely why i sent a new request

You replied
Thank you for your correspondence of 24June 2017, regarding FOI2015/11883 noting the
following:
‘Thank you for the response FOI2015/11883 To use Exemption 21, ICO guidance says
that you have to hold the information. Can you confirm, in line with a correct response
under the FOI act that the RAF hold the information requested.
The responses from elsewhere could be mistaken or it could be propaganda’
I am treating your correspondence as a request for information under the Freedom
of Information Act 2000 (FOIA). I have to advise that following on further analysis it is
apparent that your request constitutes a request for an internal review of a previous
response you have received from the MOD under the Act.
Requests for review of the handling and substance of FOI requests by the Department
must be made within 40 working days of receiving a response. As the MOD responded to
FOI2015/11883 on 14 March 2016, your recent correspondence of
24 June 2017 which seeks clarification on the compliance of
the response falls outside of the 40 working day deadline for an internal review.
It will be necessary to close down your FOI enquiry under this reference number, however
I can advise, given the passage of time it is open to you to make
further request for the recorded information sought in FOI2015/11883 and incorporate any additional information required in a new request

CIO-FOI-IR (MULTIUSER), Royal Air Force

Dear Mr Redwood,

 

Thank you for your email of 27 July 2017.  Unfortunately, we have no
record of receiving the comment you made on 29 March 2016  via
[1]www.whatdotheyknow.com; had you clicked the internal review request
button on the website at the time your requirement would have been sent
directly to the MOD Information Rights Compliance Team for processing.  As
our letter of 24 July 2017 indicated, you are now out of time to request a
formal review of FOI2015/11883.  However, we have no objection to
clarifying our use of the exemption at section 21 in relation to the
response you received on 14 March 2016.  

 

You asked: "Can you confirm, in line with a correct response under the FOI
Act that the RAF hold the information requested".  Before citing reliance
on the exemption at section 21 the response stated that “information is
held within the scope of your request".  We consider that this statement
met the section 1(1)(a) obligation of the Ministry of Defence (which
includes the Royal Air Force) to confirm whether the information requested
is held.

 

For the purposes of the Freedom of Information Act, the Ministry of
Defence is the public authority to which you made your request.
 Information held by the MOD at the time of your request that answered the
questions you posed was also in the public domain in the form of the Prime
Minister’s statement to the House of Commons 7 September 2015 and the
relevant parts of this statement were highlighted in the response.

 

Yours sincerely,

 

MOD Information Rights Compliance Team

 

References

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1. http://www.whatdotheyknow.com/

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