ICO policy documents: Line to Take/February 2011
Main article: ICO Lines to Take
February 2011 release
- An updated list was requested via FOI and is available on WhatDoTheyKnow .
- The ICO released the information from their Intranet in a non-machine readable way - rather than saving the information from their intranet in HTML format, they printed out the relevant pages, scanned them as images to 4 PDF files of 3-4MB in size, and no OCR information was available in the PDFs.
- A significant amount of work was therefore required to update the LTTs on this wiki.
- The original 4 files were split as follows:
Notes on the release
- 16 new LTTs were provided. They are listed below, and most cover the internal handling of cases by ICO staff dealing with FOI or EIR complaints on procedural breaches.
- LTT178 - A public authority shall not charge for allowing an applicant to inspect information
- LTT179 - Section 22 only applies to information clearly intended for publication
- LTT180 - The endangerment test under s38
- LTT181 - Information / Documents post-dating an investigation
- LTT182 - Vexatious requests under EIR
- LTT183 - Discretion to order no steps
- LTT184 - Functions and statutory bars
- LTT185 - Condition 5 Schedule 3 Data Protection Act 1998 (condition for processing sensitive personal data)
- LTT186 - When a refusal notice is not required in respect of a vexatious request
- LTT187 - Investigating procedural breaches - gateway line
- LTT188 - Issuing a DN in relation to information already disclosed
- LTT189 - Non-response cases
- LTT190 - Decision notices ordering the PA to reconsider the request
- LTT191 - Internal review under the EIR - issuing a DN requiring an internal review
- LTT192 - Rejecting procedural exemptions / exceptions
- LTT193 - Finding that further information is held approach to decision notices
- The following 16 LTTs were updated: either following a change in direction to ICO case workers due to an Information Tribunal or higher court ruling, or to provide further case precedence to help continue to justify the ICO's position.
- NB: The previous version of the LTTs can be viewed by clicking the page's "history" tab, then choosing the "baselined xx/xx/xxxx version" page revision.
|LTT Ref||Title||Description of change|
|LTT5||renamed to "Legal professional privilege under EIR" (was "Similarity of s42 and regulation 12(5)(b)").||LTT added references to two recent Tribunal decisions which gave further support that regulation 12(5)(b) is the appropriate EIR exception for LPP.|
|LTT21||Exemptions and exceptions not claimed by a public authority.||IT case confirms that ICO has discretion to consider further exemptions. LTT amended to include requirement for ICO to consider for Human Rights Act 1998 & data protection issues when doing so.|
|LTT29||Finding in breach of sections 1, 10 or 17.||Updated approach on procedural breaches of FOIA.|
|LTT47||Working days and variations to time for compliance.||Minor update to include Academies, and new definition for "Date of Receipt".|
|LTT55||Evidence from third parties.||LTT added reference to recent Tribunal decision which further supported the ICO's line.|
|LTT80||Defining environmental information.||Minor wording changes, no affect on overall line.|
|LTT82||"Any information on".||LTT added reference to recent Tribunal decision which further supported the ICO's line.|
|LTT90||“Duty” to read a request objectively.||No change to text - possibly incorrectly flagged as an updated LTT.|
|LTT92||Timing at which exemptions and public interest test are to be applied.||Move of procedural approach detail to new LTT183.|
|LTT110||Drafts of documents where final versions are complete.||Tribunal case results in change in position to require a public interest test to be carried out on draft documents.|
|LTT121||Information held (on balance of probabilities) test.||Tribunal case gives further guidance. No change in line position.|
|LTT123||Vexatious requests.||Guidance on interaction with Subject Access Requests provided. More info on test for "serious purpose". EIR guidance moved to separate LTT182.|
|LTT143||Reasonably accessible information.||Only minor changes to qualify some of the text|
|LTT144||Personal data - anonymised statistics.||Further clarification to take into account a pending High Court appeal in the DoH Abortion statistics case|
|LTT152||Naming Officials representing Lobbyists and Public Authorities.||Switch from using the Bavarian Lager Court of First Instance decision to Creekside v ICO & DCMS as basis of policy, which effectively remains unchanged.|
|LTT158||Functions exercised for specified purposes under section 31.||This LTT has been almost completely re-written to use a different definition of "function" and make the LTT clearer to implement.|