What happens next?
All requests will usually be processed within 10 working days.
Material will be taken down temporarily if a take down request is received (while the request is considered and in compliance with the Electronic Commerce Regulations 2002, clauses 17-19). The case will be considered by the Archivist, assisted by other members of staff if required.
If the take down request concerns a factual error the error will be edited. Other requests will be considered on their merits.
The procedure for dealing with a takedown request is as follows:
- The case will be considered at first by the Archivist and an initial judgement will be made – further advice may also be sought from the Library Director or other staff on the validity of the request
- if the request is plausible (based on UK law), the resource will be removed or access will be suspended pending verification of the request
- any possible exemptions in law that allow publication of the material online will be investigated (e.g. public interest, (FOI) Act 2000 or Environmental Information Regulations (EIR) 2004 exemptions)
- if we judge the request implausible or incorrect, we will inform the person making the request of this and our reasons
- Where necessary we will seek professional legal advice on the request
- In most cases the university will be the owner of the resource in question, but if a third party is the owner they will be made aware of the request and given the opportunity to respond to it
- We will investigate the request in full, obtaining advice as required, and contact the person making the request with the result of the investigation (and the depositor if relevant) and the action we have taken/will take
- If the investigation finds in the requester’s favour, we will remove the resource permanently online unless the requester gives us permission to retain it. The records of an item will only be withdrawn from view for reasons such as their being found to violate the legal rights of any person.
Appeals
Should you disagree with a take down decision you should appeal to the Library Director within 10 working days of receiving the decision, and include evidence where relevant. All appeal requests will be processed within 10 working days wherever possible. The Library Director may consult the university’s Information Protection Unit.