EIR: when is information ‘held’? – Panopticon
“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”
Panopticon, 7th May 2013
Source: www.panopticonblog.com
