date: Wed Sep  9 09:19:13 2009
from: Phil Jones <p.jones@uea.ac.uk>
subject: Heard of this person?
to: Matthew Jones <mj205@bath.ac.uk>

    Matthew,
       Have you heard of this person?
   [1]http://www.bnc.ox.ac.uk/323/about-brasenose-31/academic-staff-150/professor-jonathan-jon
   es-457.html
    He is putting in Freedom of Information Requests for CRU climate data - see below.
    Was he one of the people you applied to do a PhD with Oxford some time ago? I know he's in
   Physics,
    but it mentions NMR on his web site - it does seem more quantum physics than chemistry.
    Cheers
    Dad

     From: "Palmer Dave Mr (LIB)" <David.Palmer@uea.ac.uk>
     To: "Colam-French Jonathan Mr (ISD)" <s119@uea.ac.uk>, "Mcgarvie Michael Mr
      (ACAD)" <k364@uea.ac.uk>, "Jones Philip Prof (ENV)" <P.Jones@uea.ac.uk>,
             "Ogden Annie Ms (MAC)" <k319@uea.ac.uk>
     Sender: "Baker Jane Mrs (LIB)" <Jane.Baker@uea.ac.uk>
     Date: Fri, 28 Aug 2009 13:33:59 +0100
     Subject: FW: Environmental Information Regulations 2004 request (FOI_09-117;
      EIR_09-14) - Response
     Thread-Topic: Environmental Information Regulations 2004 request
      (FOI_09-117; EIR_09-14) - Response
     Thread-Index: AcocuvbRB/fNSyVpSGSv6dbZ6S0BIQKS1IxQADPsplA=
     Accept-Language: en-US, en-GB
     X-MS-Has-Attach:
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     X-OriginalArrivalTime: 28 Aug 2009 12:34:00.0686 (UTC) FILETIME=[D1EE58E0:01CA27DB]
     Dear All,
     We have received an appeal from Prof. Jonathan Jones regarding our response to his
     request for the following information:
     "a copy of any digital version of the CRUTEM station data set that has been sent from
     CRU to Peter Webster and/or any other person at Georgia Tech between January 1, 2007 and
     June 25, 2009".
     I have sent out an acknowledgement letter. We have until 24th September 2009 to respond.
     Kind regards,
     Jane
     *****************************************************
     Jane Baker
     LaRC Co-ordinator / Blackboard support
     Learning and Resources Centre (LaRC)
     Library
     UEA
     Norwich NR4 7TJ
     01603 59 3483

     For LaRC enquiries please email larc@uea.ac.uk
     For Blackboard enquiries please email the Staff or Student IT Helpdesk
     staff.help@uea.ac.uk or it.helpdesk@uea.ac.uk

     My office days are Wednesday to Friday
     Bob Heath is in the office Mondays and Tuesdays
     -----Original Message-----
     From: Jonathan Jones [[2]mailto:Jonathan.Jones@qubit.org]
     Sent: Thursday, August 27, 2009 12:10 PM
     To: Palmer Dave Mr (LIB)
     Cc: Heath Robert Mr (LIB); Baker Jane Mrs (LIB)
     Subject: RE: Environmental Information Regulations 2004 request (FOI_09-117; EIR_09-14)
     - Response
     Dear Mr Palmer,
     Thank you for your letter dated 14 August, reference ENVIRONMENTAL INFORMATION
     REGULATIONS 2004 - INFORMATION REQUEST (FOI_09-117; EIR_09-14) in response to my request
     for "a copy of any digital version of the CRUTEM station data set that has been sent
     from CRU to Peter Webster and/or any other person at Georgia Tech between January 1,
     2007 and June 25, 2009".
     I regret that I do not consider your response satisfactory, and am therefore appealing
     your decision.  As I understand you are currently on holiday I am copying this to Bob
     Heath (r.heath@uea.ac.uk) and Jane Baker (jane.baker@uea.ac.uk) as you requested in your
     vacation message.
     You have refused my request on three grounds, all of which are incorrect.
     1. Reg. 12(4)(b) - Request is manifestly unreasonable: Information is available
     elsewhere.
     You claim that "the requested data is a subset of data already available from other
     sources" namely the gridded data made available by the GHCN and the CRU.  It is
     factually incorrect to claim that "the requested data is a subset of data already
     available from other sources" and your argument cannot stand.  A "subset of data already
     available" would mean that the data I requested could be obtained from "the gridded data
     made available by the GHCN and the CRU" by downloading some or all of this data and
     deleting selected parts.  The data I have requested cannot be obtained in this manner.
     I refer you to the discussion of the gridding process at
     [3]http://www.cru.uea.ac.uk/cru/data/landstations/ .
     You further claim that "it is unreasonable for the University to spend public resources
     on providing information in a different format to that which is already available".
     However I asked for "a copy of any digital version of the CRUTEM station data set that
     has been sent from CRU to Peter Webster and/or any other person at Georgia Tech between
     January 1, 2007 and Jun 25, 2009".  I have only requested a copy of a data set which has
     already been prepared by the university, and so is already available.  Once again your
     statement is factually incorrect and your argument cannot stand.
     2. Reg. 12(5)(a) - Adverse effect on international relations: Release would damage
     relations with scientists & institutions from other nations
     3. Reg. 12(5)(f) - Adverse effect on the person providing information: Information is
     covered by a confidentiality agreement
     I will take these two points together as they are in essence the same.  I begin by
     noting that it is wholly perverse to claim simultaneously that the data is "already
     available" and that the data is "confidential".  Clearly these two statements cannot
     simultaneously be true.
     With regard to Reg. 12(5)(a) you state that releasing this information "would damage the
     trust that other national scientists and institutions have in UK-based public sector
     organisations" and consequently "would damage the ability of the University and other UK
     institutions to co-operate with meteorological organisations and governments of other
     countries".  I draw your attention to resolution 40 of the World Meteorological
     Organization which states that "WMO commits itself to broadening and enhancing the free
     and unrestricted international exchange of meteorological and related data and
     products".  It is perverse to claim that acting in accordance with this resolution could
     endanger cooperation with meteorological organizations.
     With regard to Reg. 12(5)(f), the data I requested has already been provided to at least
     one other individual, namely Peter Webster at Georgia Tech.  Clearly this data cannot be
     covered by a strict confidentiality agreement.
     It is, of course, true that this data could be covered by limited confidentiality
     agreements.  The FOI and EIR are quite clear on the responsibilities of organizations
     claiming exemption on grounds of confidentiality.  The exemption "only applies if a
     breach of confidence would be 'actionable'".  Courts will only recognise that a person
     holds information subject to a duty of confidence in two types of situations:
     a) where that person expressly agrees or undertakes to keep information confidential:
     there is an express duty of confidence
     b) where the nature of the information of the circumstances in which the information is
     obtained imply that the person should keep the information confidential: there is an
     implied duty of confidence
     >From your letter it appears that UEA is claiming an exemption of the first kind, as you
     cite a number of supposed confidentiality agreements that you do hold, which are
     available at [4]http://www.cru.uea.ac.uk/cru/data/availability/ .  In fact the great
     majority of these are not clearly confidentiality agreements:
     a) The 1994 FAX to the Met Office is simply a statement from Dr Hulme about the planned
     use of the data; there is no reply as to the conditions under which the data is
     provided.
     b) The 1993 letter from DNMI is a limited request for confidentiality not a formal
     agreement, and is almost certainly superseded by WMO Resolution 40.  If UEA wishes to
     claim exemption under this clause it must first establish with DNMI that an express duty
     of confidentiality still applies.
     c) The form in Spanish simply states that the data should only be used for the specified
     purpose, and as no purpose was specified this cannot establish a duty of
     confidentiality.
     d) The web page is simply a statement by the Met Office of its own policies; this
     provides no evidence whatsoever of any duties under which UEA might hold data.  It
     further notes that NERC data centres may make the data available under certain
     circumstances, so there is no absolute duty of confidence.
     e) The 1994 letter from Bahrain International Airport is a limited request for
     confidentiality not a formal agreement, and is almost certainly superseded by WMO
     Resolution 40.  If UEA wishes to claim exemption under this clause it must first
     establish with Bahrain International Airport that an express duty of confidentiality
     still applies.
     I understand that in the past UEA has refused to release the data I have requested and
     related data because the request came from a person who was not an academic.  I remind
     you that "No regard may be had to the identity of the person who is requesting the
     information nor to the purpose to which they will put the information."  I also remind
     you that "When considering the balance of interests, public authorities must have regard
     to the interests of the person to whom the duty of confidence is owed; the public
     authority's own interests in non-disclosure are not relevant to the application of this
     exemption."  I further remind you that "If you receive a request for information which,
     although it was confidential when it was obtained, was obtained a long time ago, you
     should consider carefully whether the disclosure of that information would still
     constitute an actionable breach of confidence within the meaning of section 41."
     At best UEA has limited evidence for the existence of limited confidentiality agreements
     covering part of the data I have requested.  It is not clear to me that these documents
     in any way establish an express duty of confidence.  However, even if they do, the
     responsibilities of UEA under Reg. 12(11) of the EIR are clear.
     Regulation 12 (11) says: (11) Nothing in these Regulations shall authorise a refusal to
     make available any environmental information contained in or otherwise held with other
     information which is withheld by virtue of these Regulations unless it is not reasonably
     capable of being separated from the other information for the purpose of making
     available that information.
     Thus UEA is certainly required to provide me with all the data I have requested with the
     possible exception of data held under an express duty of confidence (for data withheld
     it is required to establish that such an express duty of confidence does in fact
     exist).  Please note that if it is not possible to identify which data is covered by
     supposed confidence agreements, then it is difficult to maintain that the release of
     this data will breach such agreements.
     I therefore appeal your decision, and reiterate my request for "a copy of any digital
     version of the CRUTEM station data set that has been sent from CRU to Peter Webster
     and/or any other person at Georgia Tech between January 1, 2007 and June 25, 2009".
     --
     Prof Jonathan A. Jones     web page at [5]http://nmr.physics.ox.ac.uk
     Oxford Centre for Quantum Computation and Brasenose College Oxford
     ________________________________________
     From: Palmer Dave Mr (LIB) [[6]mailto:David.Palmer@uea.ac.uk]
     Sent: 14 August 2009 09:41
     To: Jonathan Jones
     Subject: Environmental Information Regulations 2004 request (FOI_09-117; EIR_09-14) -
     Response
     Prof. Jones

     Attached please find a response to your request received on 24 July 2009.  If you have
     any questions don't hesitate to contact me.

     Cheers, Dave Palmer


     ____________________________
     David Palmer
     Information Policy & Compliance Manager
     University of East Anglia
     Norwich, England
     NR4 7TJ
     Information Services
     Tel: +44 (0)1603 593523
     Fax: +44 (0)1603 591010




   Prof. Phil Jones
   Climatic Research Unit        Telephone +44 (0) 1603 592090
   School of Environmental Sciences    Fax +44 (0) 1603 507784
   University of East Anglia
   Norwich                          Email    p.jones@uea.ac.uk
   NR4 7TJ
   UK
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