Some explanation of the rather surprising statements on FoI made by Sir Edward Acton and his colleagues in their submission to the Parliamentary Select Committee has emerged. As noted in the previous post, Sir Edward said that no offence under the FoI had been established and that the evidence was prime facie in nature. Here is the exact quote for reference
On 22 January 2010, the Information Commissioner’s Office (ICO) released a statement to a journalist, which was widely misinterpreted in the media as a finding by the ICO that UEA had breached Section 77 of the FOIA by withholding raw data. A subsequent letter to UEA from the ICO (29 January 2010) indicated that no breach of the law has been established; that the evidence the ICO had in mind about whether there was a breach was no more than prima facie; and that the FOI request at issue did not concern raw data but private email exchanges.