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LOOSE MINUTE<br />

D/DOMD/2/3<br />

20 July 2000<br />

Sec(AS)2<br />

Copy to:<br />

DRl<br />

CODE REQUEST· ACCESS TO FILES<br />

Reference: D/Sec(AS)/64/3 dated 20 July 2000<br />

Thank you for the opportunity to comment on your proposed reply to Dr<br />

Clarke's request to examine all MOD files containing information on UFOs.<br />

2. I agree that Exemption 9 is a valid exemption in this case. In explaining<br />

this to Dr Clarke, it might also be worth quoting Exemption 12 (privacy of an<br />

individual).<br />

3. If Dr Clarke suggests that he provide an undertaking that he would not<br />

to submit a more focussed request, that would have no bearing on our position -<br />

the duty on MOD is to not release the information. My understanding is that<br />

allowing a third party to view personal information is as much releasing it as if<br />

we gave them a copy. Subject to a change in the Public Records Act or the<br />

Data Protection Act, the only way I can see MOD being able legally to grant<br />

access to these records without anonymising them would be to ask every<br />

person mentioned whether they were happy to have their data released.<br />

4. It may be worth explaining this to Dr Clarke to help him formulate a<br />

request which does not break these key principles.<br />

(signed]<br />

OMD/AD~<br />

NH617 -

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