ICO policy documents: Line to Take/February 2011
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February 2011 release
- An updated list was requested via FOI and is available on WhatDoTheyKnow [1].
- 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
- All LTTs are given a "last updated" date. The following LTTs were included in the above documents as having been updated since the previous August 2010 release, however their "updated" date on the LTT was unchanged.
- New LTTs - 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.
- 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.
- 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
- LTT121 - Information held (on balance of probabilities) test
- LTT123 - Vexatious requests
- LTT143 - Reasonably accessible information
- LTT144 - Personal data - anonymised statistics
- LTT152 - Naming Officials representing Lobbyists and Public Authorities
- LTT158 - Functions exercised for specified purposes under section 31
