EIR 12(4)(b): Difference between revisions

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''' EIR 12(4)(b) exemption - manifestly unreasonable '''
''' EIR 12(4)(b) exception - manifestly unreasonable '''
 
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* The word “manifestly” means that a request should be obviously or clearly unreasonable. There should be no doubt as to whether the request was unreasonable. Volume and complexity alone may not be sufficient to make a request manifestly unreasonable. The fact that a request would be considered vexatious or repeated under the Freedom of Information Act 2000 (the “FOIA”) does not, in itself, make a request made under the EIR manifestly unreasonable.
* There are no cost limits for responses to requests for environmental information; it may therefore be possible for some exceptionally costly requests to be considered manifestly unreasonable.
 
(c) [[FOIwiki:Copyrights|Information Commissioner's Office]]
 
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| halign  = left | source = [http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf (Source: ICO guidance)].
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* See main article: [[vexatious]] requests - the ICO recommends reading their Awareness Guidance 22 document.
* Defra suggest that the £450 / £600 limit should be used as a guideline, and that advice & assistance be given to the requester to amend or refine their request so that it comes within the appropriate limit. [http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/eir-feeguidance.htm]


* See main article: [[vexatious]] requests
* Also applies to excessive costs (eg if cost for searching for information is over the £450 / £600 limit).


== What the law says ==
== What the law says ==


tbc
Regulation 12.
:(4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that—
::(b) the request for information is manifestly unreasonable;
 


== Official guidance ==
== Official guidance ==


tbc
* http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/eir-feeguidance.htm
* http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf
* http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf


== ICO Decision Notices ==  
== ICO Decision Notices ==  

Revision as of 01:32, 8 May 2010

EIR 12(4)(b) exception - manifestly unreasonable

* The word “manifestly” means that a request should be obviously or clearly unreasonable. There should be no doubt as to whether the request was unreasonable. Volume and complexity alone may not be sufficient to make a request manifestly unreasonable. The fact that a request would be considered vexatious or repeated under the Freedom of Information Act 2000 (the “FOIA”) does not, in itself, make a request made under the EIR manifestly unreasonable.
  • There are no cost limits for responses to requests for environmental information; it may therefore be possible for some exceptionally costly requests to be considered manifestly unreasonable.

(c) Information Commissioner's Office

(Source: ICO guidance).
  • See main article: vexatious requests - the ICO recommends reading their Awareness Guidance 22 document.
  • Defra suggest that the £450 / £600 limit should be used as a guideline, and that advice & assistance be given to the requester to amend or refine their request so that it comes within the appropriate limit. [1]


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—
(b) the request for information is manifestly unreasonable;


Official guidance

ICO Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FS50163282 - Queen’s University Belfast - 29/03/2010
  • FS50200310 - West Sussex County Council - 15/02/2010
  • FER0193385 - Fareham Borough Council - 07/01/2010
  • FER0178071 - Brighton and Hove City Council - 24/09/2009
  • FS50176942(P) - Forestry Commission Scotland - 30/03/2009
  • FS50187763(P) - Forestry Commission Scotland - 30/03/2009
  • FS50176016 - Forestry Commission Scotland - 30/03/2009
  • FS50128567 - Department of Health - 30/03/2010
  • FS50193661 - Department for Culture, Media and Sport - 29/03/2010
  • FS50143525 - Department for Culture, Media and Sport - 02/03/2010
  • FS50202965 - Exeter City Council - 01/03/2010
  • FS50203056 - Wiltshire County Council - 22/02/2010
  • FER0204414 - Welsh Assembly Government - 11/02/2010
  • FER0196026 - Bath and North East Somerset Council - 26/01/2010
  • FER0212346 - Surrey County Council - 25/01/2010
  • FER0124796 - Department for Environment Food and Rural Affairs - 21/12/2009
  • FS50232537 - Stockport Metropolitan Borough Council - 10/11/2009
  • FER0237548 and FER0239845 - New Forest National Park Authority - 16/09/2009
  • FS50190964 - Weymouth and Portland Borough Council - 13/08/2009
  • FER0230659 - Environment Agency - 17/02/2009
  • FS50154310 - Bridgnorth District Council - 02/09/2008

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)