FOI16666 and FOI16667 – Requests for information
Thank you for your emails of 12 and 18 April 2016, requesting the following information in accordance with the Freedom of Information Act 2000 (FOIA):
FOI 16666 (12 April): All correspondence between OS and Land Registry or 3rd parties between 1 April and 10 May 2013 with regard to comments, licensing, amendments and additions to www.gov.uk/guidance/inspire-index-polygons-spatial-data#conditions-of-use namely the Land Registry Conditions of Use of INSPIRE Polygons.
FOI 16667 (18 April): All internal OS emails between 1 July and 16 September 2013 with regard to comments, licensing, amendments and additions to www.gov.uk/guidance/inspire-index-polygons-spatial-data#conditions-of-use namely the Land Registry Conditions of Use of INSPIRE Polygons.
Section 12 FOIA
We confirm that we hold this information. However, we consider that these requests are for information which is similar to that requested under FOI14631 received on 27 January 2016 (“all correspondence between OS and Land Registry or 3rd parties between 1 July and 30 September 2013 with regard to comments, licensing, amendments and additions to www.gov.uk/guidance/inspire-index-polygons-spatial-data#conditions-of-use namely the Land Registry Conditions of Use of INSPIRE Polygons”).
With respect to FOI16666, the only difference is that you have requested information relating to a slightly earlier time period; with respect to FOI16667, the only difference is that the request is for internal, rather than external correspondence.
Since the three requests are for similar information, from the same person, and have been received by OS within 60 working days of each other, we are entitled to aggregate (i) the time spent in relation to FOI14631, and (ii) the estimated time that will be spent in relation to FOI16666 and FOI16667, in each case in determining whether we hold the information, finding the information or records containing the information, retrieving the information or records and extracting the requested information from the records.
It is clear that the aggregate time spent dealing with the three requests will exceed a period of 18 hours, and we are entitled to refuse to comply with the request pursuant to section 12(1) of the FOIA (where the authority estimates that the cost of complying with the request would exceed the appropriate limit).
Please note that, in the event that the appropriate limit were not exceeded, it is likely that certain of the information requested would be withheld under one or more of the following exemptions: sections 31(1), 36, 40(2), 41(1), 42 and 43(2).
In addition, we would point out that your requests FOI16666 and FOI16667 above are the same or substantially similar to your previous requests FOI16647 and FOI16646 respectively which we have already dealt with on the same basis as this response.
We note that you have submitted a further request FOI16671, on 27 April 2016. Our initial view is that we are entitled to aggregate this new request with request FOI 16666, as they are requests for similar information, from the same person, and have been received by OS within 60 working days of each other; we estimate that the time spent on relevant activities in relation to both these FOI requests would exceed 18 hours. Notwithstanding this, please note that we are not intending to invoke s 12(1) of the FOIA in relation to FOI16671.
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:
FOI Internal Review Officer
Customer Service Centre
Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:
- Failed to respond to your request within the time limits (normally 20 working days)
- Failed to tell you whether or not we hold the information
- Failed to provide the information you have requested
- Failed to explain the reasons for refusing a request
- Failed to correctly apply an exemption or exception
The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.
The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.
Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:
The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.
Thank you for your enquiry.