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Catch-22 as to FOIA request in ClimateGate?

By Lawrence B. Ebert, Esq.

The refusal to provide data by Jones et al. was a breach of FOIA, but no prosecution will follow. From the TimesOnLine:

In a statement, Graham Smith, Deputy Commissioner at the ICO [Information Commissioner?s Office ], said: ?The e-mails which are now public reveal that Mr Holland?s requests under the Freedom of Information Act were not dealt with as they should have been under the legislation. Section 77 of the Act makes it an offence for public authorities to act so as to prevent intentionally the disclosure of requested information.?

He added: ?The ICO is gathering evidence from this and other time-barred cases to support the case for a change in the law. We will be advising the university about the importance of effective records management and their legal obligations in respect of future requests for information.?

Mr Holland said: ?There is an apparent Catch-22 here. The prosecution has to be initiated within six months but you have to exhaust the university?s complaints procedure before the commission will look at your complaint. That process can take longer than six months.?

The university said: ?The way freedom of information requests have been handled is one of the main areas being explored by Sir Muir Russell?s independent review. The findings will be made public and we will act as appropriate on its recommendations.?

Full post as published by IPBiz on January 28, 2010 (boomark / email).