Refusals to disclose during outages

Question

During outage periods, does failure to respond to API requests constitute as a refuse to disclose?  This is in relation to both planned outages, and incidents (unplanned outages). By nature these periods will have limited system capabilities and will not provide reliable instrumentation. Additionally, planned outages and incidents are measured through other data standards APIs.

Answer

We do not expect data holders to report on refusals as a result of a scheduled maintenance or an unexpected outage for the purposes of rule 9.4.