EIR 12(4)(a)

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EIR 12(4)(a) exception - information not held

For the purposes of the EIR, information is held when it:
  • “is in the authority’s possession and has been produced or received by the authority; or
  • is held by another person on behalf of the authority.”

The key issue in this exception is whether the information is held at the time “when an applicant’s request is received”.

(c) Information Commissioner's Office

(Source: ICO guidance)

What the law says

Regulation 12.

(4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that—
(a) it does not hold that information when an applicant’s request is received;


Regulation 3.

(1) Subject to paragraphs (3) and (4), these Regulations apply to public authorities.
(2) For the purposes of these Regulations, environmental information is held by a public authority if the information -
(a) is in the authority's possession and has been produced or received by the authority; or
(b) is held by another person on behalf of the authority.

Official guidance

ICO Lines To Take

Relevant Lines to Take
  • LTT192 - Rejecting procedural exemptions / exceptions - 18/01/2011
  • LTT107 - No prejudice / adverse effect test for class based exemptions / exceptions - 20/06/2008
  • LTT34 - Responses to ‘information not held’ cases - 16/02/2007



ICO Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FS50078600 - Department for Environment Food and Rural Affairs - 05/02/2007
  • FS50209501 - Torridge District Council - 31/03/2010
  • FER0271919 - Chorley Borough Council - 18/03/2010
  • FER0239956 - Cheshire East Council (formerly Macclesfield Borough Council) - 04/02/2010
  • FER0253845 - Rural Payments Agency - 21/12/2009
  • FS50260693 - Chesterfield Borough Council - 03/12/2009
  • FS50230572 - Northamptonshire County Council - 09/11/2009
  • FS50193203 - Huntingdonshire District Council - 05/11/2009
  • FER0228185 - East Lindsey District Council - 27/10/2009
  • FER0201165 - Natural England - 24/08/2009
  • FS50209611 - The Highways Agency - 16/07/2009
  • FS50204499 - Redcar and Cleveland Borough Council - 17/02/2009
  • FER0162545 - London Borough of Waltham Forest - 18/09/2008
  • FS50142681 - Torbay Council - 19/02/2008
  • FER0162211 - Sutton and East Surrey Water plc - 12/11/2007

Includes DNs up to: 26 April 2010




Environmental Information Regulations 2004
Exceptions
12(3) 12(4)(a) 12(4)(b) 12(4)(c) 12(4)(d) 12(4)(e) 12(5)(a) 12(5)(b) 12(5)(c) 12(5)(d) 12(5)(e) 12(5)(f) 12(5)(g)