http://www.cfoi.org.uk/pdf/foicoursefeb2010.pdf

http://www.cfoi.org.uk/

Dear Mr Colam-French,

(CC: Dave Palmer)

Thank you for your email of 23 October 2009. As you may already be aware I have appealed this refusal to the Information Commissioner.

I understand that UEA has now accepted the Information Commissioner’s decision that it has in the past mishandled some FOI requests referring to the CRU, and in these circumstances it seems only right to give you an opportunity to reconsider your decisions with regard to my request in the light of this new guidance.

I look forward to hearing from you.

Regards,

Jonathan

We’ll see what happens!

FOI requests for research-related correspondence between Prof Phil Jones and others

18 Dec 2009

This is to confirm that in my opinion section 36(2) b i) and ii) should be applied in respect of FOI requests relating to correspondence between Prof Phil Jones and others on the basis that:

a) disclosure of this information would be likely to inhibit “the free and frank exchange of views for the purpose of deliberation”.

b) In particular I view the ability of academic staff to converse/correspond freely and frankly about their work with other academic and support staff as essential to the proper assessment and evaluation of research prior to publication, and in my opinion this outweighs the public interest in disclosure.

c) In my opinion this exemption should also apply to internal communications relating to the administration of FOIA requests.

Edward Acton

Vice Chancellor

If anyone would like to take any of this up with the ICO that’s obviously fine by me.

I would also think that FOI would qualify as an allowable act under the “statutory enquiries” exemption of para 8 item 6 here:

http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law

If it doesn’t – what value FOI?

It strikes me that this is a pretty outrageous step by UEA when they are already under investigation by the Information Commissioner. I was speaking to someone from the ICO’s investigations team this morning, who might be interested in hearing about UEA’s position on copyright.

Would you like me to call him? Drop me a line if you do.

Thank you for your email, copy included below.

There has been some interest in the blogosphere in the contents of the letter from Prof. Acton given the extremely broad nature of the exemptions he is asserting. Unfortunately discussion is difficult as UEA’a claim of copyright over this material makes it difficult to provide an accurate account of his statements in their full context. Of course individuals can acquire their own copy of the text by making their own FOI request, but to avoid an undue burden (which would fall largely on your office) it would be very helpful if UEA were to permit posting of a verbatim transcript of this letter. Alternatively UEA might choose to place a copy of this letter on its own web pages and provide a link.

I would be grateful for your thoughts on this matter.