cc: "Mcgarvie Michael Mr \(ACAD\)" <M.Mcgarvie@uea.ac.uk>
date: Thu, 30 Jul 2009 11:59:07 +0100
from: "Palmer Dave Mr \(LIB\)" <David.Palmer@uea.ac.uk>
subject: RE: 
to: "Ogden Annie Ms \(MAC\)" <k319@uea.ac.uk>, "Jones Philip Prof \(ENV\)" <P.Jones@uea.ac.uk>, "Colam-French Jonathan Mr \(ISD\)" <s119@uea.ac.uk>

   On phone to ICO at moment awaiting input on the section 77 question - am arguing that
   taking the files off was to meet with our contraction obligations under which we received
   it and to repair what we perceive as a lapse in security....

   They have now stated they don't think the removal of the data is in contravention of
   section 77 in that the sole purpose of the removal was NOT to deny the requester his
   legitimate right of access to the information.  I did tell them that that our intention was
   stated in our response to Mr. McIntyre; namely to deny him the information on the basis of
   EIR Reg. 12(5)(f) & the public interest & this did not alter their position.

   This still leaves us with a PR problem but eliminates the legal problem....

   Cheers, Dave
   _____________________________________________
       From:   Ogden Annie Ms (MAC)
       Sent:   Thursday, July 30, 2009 11:38 AM
       To:     Palmer Dave Mr (LIB); Jones Philip Prof (ENV); Colam-French Jonathan Mr (ISD)
       Cc:     Mcgarvie Michael Mr (ACAD)
       Subject:        RE:
       Probably best to discuss when Phil is back in the office - CRU are all out today. Annie
       -------------------------------
       Annie Ogden, Head of Communications,
       University of East Anglia,
       Norwich, NR4 7TJ.
       Tel:+44 (0)1603 592764
       [1]www.uea.ac.uk/comm
       ............................................

   _____________________________________________
       From:   Palmer Dave Mr (LIB)
       Sent:   Thursday, July 30, 2009 11:37 AM
       To:     Ogden Annie Ms (MAC); Jones Philip Prof (ENV); Colam-French Jonathan Mr (ISD)
       Cc:     Mcgarvie Michael Mr (ACAD)
       Subject:        RE:
       Ok... At what point do we publicly engage in this debate then?  Not my field of
       expertise but the agenda is definitely being set by Mr. McIntyre et al.....
       Cheers, Dave

   _____________________________________________
       From:   Ogden Annie Ms (MAC)
       Sent:   Thursday, July 30, 2009 11:34 AM
       To:     Palmer Dave Mr (LIB); Jones Philip Prof (ENV); Colam-French Jonathan Mr (ISD)
       Cc:     Mcgarvie Michael Mr (ACAD)
       Subject:        RE:
       However - the Guardian website is very well read. See what their technology editor says
       in his blog:
       [2]http://www.guardian.co.uk/technology/blog/2009/jul/30/microsoft-yahoo-climate-data-l
       icence-tv
       Annie
       -------------------------------
       Annie Ogden, Head of Communications,
       University of East Anglia,
       Norwich, NR4 7TJ.
       Tel:+44 (0)1603 592764
       [3]www.uea.ac.uk/comm
       ............................................

   _____________________________________________
       From:   Palmer Dave Mr (LIB)
       Sent:   Thursday, July 30, 2009 11:32 AM
       To:     Ogden Annie Ms (MAC); Jones Philip Prof (ENV); Colam-French Jonathan Mr (ISD)
       Cc:     Mcgarvie Michael Mr (ACAD)
       Subject:        RE:
       Annie,
       One does wonder what the readership figures for these sites are however....
       Of more import, the 'penetration' of the CRU server and its subsequent handling are now
       common knowledge ([4]http://www.climateaudit.org/) and they are claiming that we have
       breached s.77 of the FOIA (which applies to applications under EIR by the way) by
       removing the relevant files from the .FTP server.
       Whilst what McIntyre has quoted is entirely accurate, he hasn't told the whole story -
       the entire section is below:
       77 Offence of altering etc. records with intent to prevent disclosure
       (1) Where--
               (a) a request for information has been made to a public authority, and
               (b) under section 1 of this Act or section 7 of the [1988 c. 29.] Data
       Protection Act 1998, the applicant would have been entitled (subject to payment of any
       fee) to communication of any information in       accordance with that section,
       any person to whom this subsection applies is guilty of an offence if he alters,
       defaces, blocks, erases, destroys or conceals any record held by the public authority,
       with the intention of preventing the disclosure by that authority of all, or any part,
       of the information to the communication of which the applicant would have been
       entitled.
       (2) Subsection (1) applies to the public authority and to any person who is employed
       by, is an officer of, or is subject to the direction of, the public authority.
       (3) A person guilty of an offence under this section is liable on summary conviction to
       a fine not exceeding level 5 on the standard scale.
       (4) No proceedings for an offence under this section shall be instituted--
               (a) in England or Wales, except by the Commissioner or by or with the consent
       of the Director of Public Prosecutions;
               (b) in Northern Ireland, except by the Commissioner or by or with the consent
       of the Director of Public Prosecutions for Northern Ireland.
       The key point is the intent to prevent the disclosure of information to which the
       applicant would otherwise be entitled.  One, we maintain he is not entitled to it, and
       two, we are not concealing it to prevent disclosure (as that has already happened).
       This provision is to obviously stop authorities from deleting information and then
       claiming they don't possess it.  We are not doing that... BUT it's not good publicity
       on any level I would think....
       I will check with the ICO to make sure we are ok on this because a momentary
       'backtrack' would be much better than getting caught on a section 77 infraction....
       Cheers, Dave
       >-----Original Message-----
       >From: Ogden Annie Ms (MAC)
       >Sent: Thursday, July 30, 2009 11:09 AM
       >To: Jones Philip Prof (ENV); Colam-French Jonathan Mr (ISD);
       >Palmer Dave Mr (LIB)
       >Subject: FW:
       >
       >Dear all,
       >In case you haven't seen this one - about a 'leak' etc...
       >[5]http://news.slashdot.org/story/09/07/27/0520216/Temperature-Dat
       >a-Wants-To-Be-Free?from=rss
       >Annie
       >-------------------------------
       >Annie Ogden, Head of Communications,
       >University of East Anglia,
       >Norwich, NR4 7TJ.
       >Tel:+44 (0)1603 592764
       >[6]www.uea.ac.uk/comm
       >............................................
       >
       >
       >
       >
       >

