ICO policy documents: Line to Take
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In January 2007, the ICO released via FOI [1] a number of their "Line to take" policy documents - these indicate how they approach certain types of complaints.
- EIR - Regulation 8(3) - Cost - Reasonable amount
- FOI - s1 - Information held - Deleted electronic information
- FOI - s1(4) - Deleted information - Information held at one time and not at another
- FOI - s12 - Calculation of costs - Specialist software
- FOI/EIR - s42 / reg 12(5)(b) - Legal Professional Privilege - Similarity of exemption and exception
- FOI/EIR - s42/reg 12(5)(b) - Legal Professional Privilege - Waiver
- EIR - reg 2 - Environmental information - Town and Country Planning Act 1990
- FOI - s.1(3)/s16 - Clarification of requests - Wording and tone
- FOI - s16/s50(1) - Advice and Assistance - Consideration of issues not raised by complainant
- FOI/EIR - s3 / reg 2(2) - Public authorities - Port of London
- FOI/EIR - s3 /reg 2(2) - Public authorities - District Auditors
- FOI - s3 - Public authorities - Official Receivers
- FOI - Prejudice test - Likelihood
- FOI - s2(2)(b) - Public interest - Relevant considerations
- FOI - s42 - Legal Professional Privilege - Public interest
- FOI - s43 - Commercial interests - Prejudice to contractual negotiations
- FOI - s36 - Reasonable opinion of a qualified person - Procedure
- FOI - s.44 - Prohibition on disclosure - Financial Services and Markets Act 2000
- FOI - 30(1) - Investigations - Applicability of exemption
- FOI - 30(1) - Investigations - Public interest factors
- FOI/EIR - s.50 - Exemptions not claimed by a public authority - Commissioner’s duties and rights
- FOI - s44 - Statutory prohibition - Premium Saving Bonds Regulations 1972
- FOI - s.44 - Prohibitions on disclosure - Police Act 1996
- FOI/EIR - s44 - Prohibitions on disclosure - Public Contract Regulations 2006: reg.43
- FOI - s19/s22 - Forms of publication - Inspection
- FOI - s21 - Reasonably accessible information - Information made available on inspection
- FOI - s21 - Reasonable accessible information - Audit Commission Act 1998
- FOI - s.40 - Personal data - Legal aid costs
August 2010
- An updated list has been requested via FOI and is available on WhatDoTheyKnow [2]. There are now 177 LTTs.
- Work is currently in progress to transcribe the updated list of LTTs into a more structured format on FOIwiki, to enable the policies to be more easily interlinked with the other information on the site.
- This is necessary if they are to be easily referred to, as the data was released by the ICO in PDF format, spanning 7 files of around 20-30MB each, with the text poorly OCR'ed. The files were split as follows:
- LTT 1 of 7 covers: LTT1 to LTT40
- LTT 2 of 7 covers: LTT41 to LTT90
- LTT 3 of 7 covers: LTT91 to LTT 116
- LTT 4 of 7 covers: LTT117 to LTT136
- LTT 5 of 7 covers: LTT136 to LTT149
- LTT 6 of 7 covers: LTT150 to LTT165
- LTT 7 of 7 covers: LTT166 to LTT177
List of LTTs on FOIwiki
- Line to take - LTT1 - Reasonable amount
- Line to take - LTT2 - Deleted electronic information
- Line to take - LTT3 - Information deleted after request
- Line to take - LTT4 - Use of specialist staff or software
- Line to take - LTT5 - Similarity of s42 and regulation 12(5)(b)
- Line to take - LTT6 - Waiver of legal professional privilege
- Line to take - LTT7 - Town and Country Planning Act 1990
- Line to take - LTT8 - Clarification of requests
- Line to take - LTT9 - Issues not raised by complainant
- LTT10 - Public authorities - Port of London - missing?
- Line to take - LTT11 - District Auditors
- Line to take - LTT12 - Official Receivers
- Line to take - LTT13 - Prejudice test
- Line to take - LTT14 - Public interest inherent in exemption / exception
- Line to take - LTT15 - Public interest in legal professional privilege
- Line to take - LTT16 - Prejudice to contractual relations
- Line to take - LTT17 - Investigation of the reasonable opinion of the qualified person
- Line to take - LTT18 - Financial Services and Markets Act 2000
- Line to take - LTT19 - Applicability of section 30(1)
- Line to take - LTT20 - Public interest factors for s30
- Line to take - LTT21 - Exemptions and exceptions not claimed by a public authority
- Line to take - LTT22 - Accessibility of court records
- Line to take - LTT23 - Police Act 1996
- Line to take - LTT24 - Public Contract Regulations
- Line to take - LTT25 - Inspection as a form of publication
- Line to take - LTT26 - Reasonably accessible information and publication schemes
- Line to take - LTT27 - Audit Commission Act 1998
- Line to take - LTT28 - Legal aid costs
- Line to take - LTT29 - Finding in breach of sections 1, 10 or 17
- Line to take - LTT30 - Disclosure of Vehicle Identification Numbers
- Line to take - LTT31 - Duty to search only up to the appropriate limit
- Line to take - LTT32 - Requests for schedules of documents
- Line to take - LTT33 - Duty to confirm or deny in the EIR
- Line to take - LTT34 - Responses to 'information not held' cases
- Line to take - LTT35 - Interpretation of 'reasonable opinion'
- Line to take - LTT36 - Application of PIT to s36
- Line to take - LTT37 - Access to medical records of the deceased
- Line to take - LTT38 - Definition of court records
- Line to take - LTT39 - Failure to issue refusal notice in time
- Line to take - LTT40 - Contracts between public authorities and third parties
- Line to take - LTT41 - Public interest in confidence
- Line to take - LTT42 - No inherent public interest in s35
- Line to take - LTT43/44 - Guiding principles in relation to s35(1)(a) & Reg 12(4)(e) public interest
- Line to take - LTT44 - ?? missing
- Line to take - LTT45 - Disclosure to public
- Line to take - LTT46 - Assumption in favour of disclosure
- Line to take - LTT47 - Working days and variations to time for compliance
- Line to take - LTT48 - Relevant and non relevant public interest factors
- Line to take - LTT49 - Age of information
- Line to take - LTT50 - Disclosure of minutes
- Line to take - LTT51 - "Relates to"
- Line to take - LTT52 - Statistical Information
- Line to take - LTT53 - Reliance on s23(5) and s24(2) in conjunction
- Line to take - LTT54 - National Security
- Line to take - LTT55 - Evidence from third parties
- Line to take - LTT56 - Second data protection principle
- Line to take - LTT57/58?? - Schedule 2 Condition 6 of the DPA
- Line to take - LTT58/59?? - Fair Processing Notices
- Line to take - LTT59/60?? - Interpreting "proceedings" for the purposes of regulation 12(5)(d)
- Line to take - LTT60 - ?? missing
- Line to take - LTT61 - Advice to Decision Makers
- Line to take - LTT62 - Completion of policy formulation and development in relation to the PIT
- Line to take - LTT63 - Failure to specify an exemption / exception on which the PA later relies
- Line to take - LTT64 - Neither confirm nor deny
- Line to take - LTT65 - Vexatious request for published information
- Line to take - LTT66 - Minutes & agendas
- Line to take - LTT67 - Public interest in s30(1) & s31
- Line to take - LTT68 - Required for purposes of national security
- Line to take - LTT69 - Partial breach of s17
- Line to take - LTT70 - Public interest in preventing crime against individuals
- Line to take - LTT71 - Addresses of properties
- Line to take - LTT72 - Timing of reliance on s11
- Line to take - LTT73 - BBC America & BBC Worldwide - status
- Line to take - LTT74 - Consistent treatment of confidential information
- Line to take - LTT75 - Inter-relation of s35 & s36, and of s30 & s31
- Line to take - LTT76 - Third party on-line databases
- Line to take - LTT77 - Information held in electronic or manual files
- Line to take - LTT78 - Information held in electronic databases
- Line to take - LTT79 - ?? Missing
- Line to take - LTT80 - Defining environmental information
- Line to take - LTT81 - Parking enforcement
- Line to take - LTT82 - "Any information on"
- Line to take - LTT83 - Future likely effects
- Line to take - LTT84 - Threshold of "likely to affect" and "may be affected"
- Line to take - LTT85 - Held otherwise than on behalf of
- Line to take - LTT86 - Personal Data disclosed in open court
- Line to take - LTT87 - Limits of s16
- Line to take - LTT88 - Clarifying requests
- Line to take - LTT89 - More than one objective reading of a request
- Line to take - LTT90 - "Duty" to read a request objectively
- Line to take - LTT91 - Advice & assistance under the EIR
- Line to take - LTT92 - Timing at which exemptions and public interest test are to be applied
- Line to take - LTT93 - Test of confidence
- Line to take - LTT94 - Necessary quality of confidence
- Line to take - LTT95 - Obligation of confidence
- Line to take - LTT96 - Public interest in favour of maintaining a confidence
- Line to take - LTT97 - Detriment to the confider
- Line to take - LTT98 - Human Rights Act 1998 - Article 8
- Line to take - LTT99 - Past present & future emissions under 12(9)
- Line to take - LTT100 - Information pre-dating an investigation
- Line to take - LTT101 - Failure to cite specific exemption section number (FOI)
- Line to take - LTT102 - Failure to cite specific exception section number (EIR)
- Line to take - LTT103 - Provision of information under under request headings
- Line to take - LTT104 - Information caught by regulation 12(4)(e) - text needs re-sending
- Line to take - LTT105 - Claims of more than one limb of s36(2) - text needs re-sending
- Line to take - LTT106 - Summaries of information under the EIR
- Line to take - LTT107 - No prejudice / adverse effect test for class based exemptions / exceptions
- Line to take - LTT108 - Digests and Summaries under the FOIA
- Line to take - LTT109 - Information “obtained from” any person
- Line to take - LTT110 - Drafts of documents where final versions are complete
- Line to take - LTT111 - Waiver of legal professional privilege – description of partial waiver
- Line to take - LTT112 - The law of confidence & Human Rights Act 1998
- Line to take - LTT113 - Definition of Legal Professional Privilege
- Line to take - LTT114 - Assessing whether information has been communicated or made available
- Line to take - LTT115 - Redaction and the Fees Regulations - text needs re-sending
- Line to take - LTT116 - Reasonable estimates
- Line to take - LTT117 - Threshold of adverse effect
- Line to take - LTT118 - Flaws in the application of s36
- Line to take - LTT119 - Inter-relation between s21 & s39 FOIA and the EIRs
- Line to take - LTT120 - Advice and assistance - erroneous reliance on s14 or derogation
- Line to take - LTT121 - Information held (on balance of probabilities) test
- Line to take - LTT122 - Documents containing both environmental & other information
- Line to take - LTT123 - Vexatious requests
- Line to take - LTT124 - Multiple data subjects
- Line to take - LTT125 - Held on behalf of the public authority - solicitor’s files
- Line to take - LTT126 - Failure to identify questions as requests
- Line to take - LTT127 - Scope & overlap of s35(1)(a) and s35(1)(b)
- Line to take - LTT128 - Wider impact of disclosure on the conduct of good government
- Line to take - LTT129 - Safe space arguments
- Line to take - LTT130 - "Chilling effect" arguments
- Line to take - LTT131 - Risk to the role and integrity of Civil Service - orig text needs resending
- Line to take - LTT132 - Public Interest in protecting collective Cabinet responsibility
- Line to take - LTT133 - Overview of Section 35 & Regulation 12(4)(e) Public Interest arguments - original text needs resending
- Line to take - LTT134 - Realistic expectation of confidentiality under s27(2) and (3)
- Line to take - LTT135 - Confidentiality and information "obtained from" under s27(2)
- Line to take - LTT136 - Nature of prejudice to international relations under s27(1) (and potentially applicable to Regulation 12(5)(a))
- Line to take - LTT137 - Refined and clarified requests as "new" requests
- Line to take - LTT138 - Degree of similarity required in order to aggregate requests
- Line to take - LTT139 - Extent to which information referred to in court (in criminal proceedings) is in the public domain
- Line to take - LTT140 - missing?
- Line to take - LTT141 - Advice and assistance in relation to s12
- Line to take - LTT142 - Specifying steps in relation to advice and assistance
- Line to take - LTT143 - Reasonably accessible information
- Line to take - LTT144 - Personal data - anonymised statistics
- Line to take - LTT145 - Aggregation of multiple requests within a single item of correspondence
- Line to take - LTT146 - Public Interest Test for "raw notes" and "aide memoire notes"
- Line to take - LTT147 - "Manifestly unreasonable" in relation to the cost of complying with a request
- Line to take - LTT148 - Public interest arguments presented in favour of maintaining a relevant exemption for withholding information on lobbyists - orig text needs resending
- Line to take - LTT149 - Public interest in disclosing information about lobbyists - orig text needs resending
- Line to take - LTT150 - "Meta-requests" (requests about requests)
- Line to take - LTT151 - Examples where information is accepted as reasonably accessible to the applicant
- Line to take - LTT152 - Naming Officials representing Lobbyists and Public Authorities
- Line to take - LTT153 - The Commissioner’s approach to information relating to emissions
- Line to take - LTT154 - The right to specify the form in which a copy is provided
- Line to take - LTT155 - Gateway Reviews are an audit function
- Line to take - LTT156 - Form & Format and the Right to Inspect
- Line to take - LTT157 - Listed Buildings
- Line to take - LTT158 - Functions exercised for specified purposes under section 31
- Line to take - LTT159 - Law Officer’s Advice and similarity with Legal Professional Privilege
- Line to take - LTT160 - Confidentiality of commercial or industrial information
- Line to take - LTT161 - Public interest factors for regulation 12(5)(e)
- Line to take - LTT162 - Anonymising Post codes
- Line to take - LTT163 - Fairness
- Line to take - LTT164 - Fairness - Casework Examples for LTT163
- Line to take - LTT165 - Section 40 Process Chart
- Line to take - LTT166 - Lawfulness
- Line to take - LTT167 - Consent
- Line to take - LTT168 - DPA "special purposes" & disclosures under FOI / EIR
- Line to take - LTT169 - Information that is exempt from a data subject’s right of access
- Line to take - LTT170 - Government Policy can be produced in many ways
- Line to take - LTT171 - Information vs documents
- Line to take - LTT172 - Meaning of the term "actionable" in section 41 cases
- Line to take - LTT173 - Impact of disclosure under FOIA on the voluntary supply of information to regulatory bodies
- Line to take - LTT174 - Calculating costs where request(s) span several access regimes (DPA/FOIA/EIR)
- Line to take - LTT175 - Flowchart for LTT174
- Line to take - LTT176 - When does the public interest test apply to the exclusion from the duty to confirm or deny whether personal data is held
- Line to take - LTT177 - Advice and assistance where a request cannot be refined