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EIR 12(4)(a) exception - information not held
|For the purposes of the EIR, information is held when it:
The key issue in this exception is whether the information is held at the time “when an applicant’s request is received”.
|(Source: ICO guidance)|
What the law says
- (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;
- (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.
ICO Lines To Take
|Relevant Lines to Take|
ICO Decision Notices
|Complaints upheld / partly upheld (P)||Complaints not upheld|
Includes DNs up to: 26 April 2010
|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)|