cc: "Jones Mark Mr \(ITCS\)" , "Briffa Keith Prof \(ENV\)" , "Osborn Timothy Dr \(ENV\)" , "Mcgarvie Michael Mr \(ACAD\)" date: Wed, 23 Jul 2008 16:03:25 +0100 from: "Palmer Dave Mr \(LIB\)" subject: FW: FOI_08-323; EIR_08-01 to: "Colam Jonathan Mr \(ISD\)" Jonathan, After discussion with the CRU folks, and Michael McGarvie, we amended our approach to deal with this under FOI from EIR and I communicated this decision to Mr. Holland on 19 May 2008. In response to this letter, he stated (amongst other things), "My request remains on the basis of either the FOIA or the EIR and it is not immediately obvious to me how one decides which might apply in advance." (Holland to Palmer, 27 May 2008) Our decision to process under FOIA was based upon a determination of the content of the material requested from the persons most knowledgeable of it at UEA, namely Mssrs. Briffa, Osborn & Jones. Essentially the requester is trying to have another bite of the cherry - if the ICO feels that we have not used the EIR when we should have, they can tell us that and we will reconsider. I would, however, contend that the position that we have adopted under FOIA would be maintainable under EIR as the exemptions under that Act mirror those under FOIA, save for s.36 and s.12 (no appropriate limit within EIR), so we would still have a claim to exempt information whose disclosure would adversely affect international relations (Reg. 12(5)(a)) or where disclosure would adversely effect the interests of the person who provided the information where consent to disclosure has not been given (Reg. 12(5)(f)(iii)). If you wish, we can have a brief discussion about how to proceed - I will also contact the ICO to make sure whatever we do here is not any egregious error.... Cheers, Dave ______________________________________________________________________________________ From: David Holland [mailto:d.holland@tesco.net] Sent: Wednesday, July 23, 2008 2:40 PM To: Colam Jonathan Mr (ISD) Cc: David Keith Palmer Subject: Re: FOI_08-323; EIR_08-01 Mr Colam, I attach my response to your letter received 17 July 2008 Regards David ----- Original Message ----- From: [1]Colam Jonathan Mr (ISD) To: [2]David Holland Sent: Thursday, July 17, 2008 5:15 PM Mr. Holland, I attach my response to your request received on 20 July by Mr. Palmer. Regards, Jonathan ______________________________________________________________________________________ Jonathan Colam Director of Information Services Information Services Directorate The Library University of East Anglia Norwich NR4 7TJ 01603 593858 [3]j.colam@uea.ac.uk Attachment Converted: "c:\eudora\attach\CRU20080723H.pdf"