Information Commissioner's Office

Liverpool Hope University

15 September 2008, Education (University)

The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to Liverpool Hope University (the “university”) for information relating to enrolment of students at the university and refunds made for fees paid by students who did not go on to commence the course enrolled for. The university refused to provide the requested information and applied the exemption set out at section 40(2) of the Act, as the information contained personal data relating to a third party and to disclose this information would breach the principles set out in the Data Protection Act 1998 (the “DPA”). After considering the case the Commissioner upheld the university’s decision to withhold the information under section 40(2) by virtue of section 40(3)(a)(i) of the Act. The Commissioner did however find that the university was in breach of sections 17(1)(b) and 17(1)(c) of the Act as it did not give the complainant enough detail as to exactly which subsection of section 40 it was relying upon and why this exemption had been engaged. Furthermore the Commissioner has found that the university is also in breach of section 10(1) as it did not provide an adequate refusal notice within the twenty working day time period specified by that section. The Commissioner does not require the university to take any further steps in relation to the complainant’s request.

FOI 40: Not upheld FOI 40: Not upheld FOI 10: Upheld