cc: "Jones Mark Mr \(ITCS\)" <Mark.Jones@uea.ac.uk>, "Briffa Keith Prof \(ENV\)" <K.Briffa@uea.ac.uk>, "Osborn Timothy Dr \(ENV\)" <T.Osborn@uea.ac.uk>, "Mcgarvie Michael Mr \(ACAD\)" <M.Mcgarvie@uea.ac.uk>
date: Wed, 23 Jul 2008 16:03:25 +0100
from: "Palmer Dave Mr \(LIB\)" <David.Palmer@uea.ac.uk>
subject: FW: FOI_08-323; EIR_08-01
to: "Colam Jonathan Mr \(ISD\)" <J.Colam@uea.ac.uk>

   Jonathan,

   After discussion with the CRU folks, and Michael McGarvie, we amended our approach to deal
   with this under FOI from EIR and I communicated this decision to Mr. Holland on 19 May
   2008.  In response to this letter, he stated (amongst other things), "My request remains on
   the basis of either the FOIA or the EIR and it is not immediately obvious to me how one
   decides which might apply in advance." (Holland to Palmer, 27 May 2008)

   Our decision to process under FOIA was based upon a determination of the content of the
   material requested from the persons most knowledgeable of it at UEA, namely Mssrs. Briffa,
   Osborn & Jones.  Essentially the requester is trying to have another bite of the cherry -
   if the ICO feels that we have not used the EIR when we should have, they can tell us that
   and we will reconsider.

   I would, however, contend that the position that we have adopted under FOIA would be
   maintainable under EIR as the exemptions under that Act mirror those under FOIA, save for
   s.36 and s.12 (no appropriate limit within EIR), so we would still have a claim to exempt
   information whose disclosure would adversely affect international relations (Reg. 12(5)(a))
   or where disclosure would adversely effect the interests of the person who provided the
   information where consent to disclosure has not been given (Reg. 12(5)(f)(iii)).

   If you wish, we can have a brief discussion about how to proceed - I will also contact the
   ICO to make sure whatever we do here is not any egregious error....



   Cheers, Dave
     ______________________________________________________________________________________

   From: David Holland [mailto:d.holland@tesco.net]
   Sent: Wednesday, July 23, 2008 2:40 PM
   To: Colam Jonathan Mr (ISD)
   Cc: David Keith Palmer
   Subject: Re: FOI_08-323; EIR_08-01

   Mr Colam,



   I attach my response to your letter received 17 July 2008



   Regards



   David



   ----- Original Message -----

   From: [1]Colam Jonathan Mr (ISD)

   To: [2]David Holland

   Sent: Thursday, July 17, 2008 5:15 PM

   Mr. Holland,



   I attach my response to your request received on 20 July by Mr. Palmer.



   Regards,

   Jonathan
     ______________________________________________________________________________________

   Jonathan Colam
   Director of Information Services
   Information Services Directorate
   The Library
   University of East Anglia
   Norwich
   NR4 7TJ
   01603 593858
   [3]j.colam@uea.ac.uk



   Attachment Converted: "c:\eudora\attach\CRU20080723H.pdf"

