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:
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
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
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf
- http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/holdinginfo.htm
- http://www.ico.gov.uk/upload/documents/library/environmental_info_reg/introductory/eip076_guidance_for_pub_doc_version3.pdf
ICO Lines To Take
Relevant Lines to Take |
ICO Decision Notices
Complaints upheld / partly upheld (P) | Complaints not upheld |
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Includes DNs up to: 26 April 2010
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) |