Information Commissioner's Office

Summary: The complainant made a request to the University of Newcastle (the -�University-�) for information set out in the project licences, issued under the Animal (Scientific Procedures) Act 1986 Act (-�ASPA-�), which governed the primate research at the University discussed in three named published articles. The University later clarified the scope of its request to sections 18b, 19a and 19b of the above mentioned licences. The University argued that to comply with the complainant-�s request would exceed the relevant cost limit and was therefore not obliged to comply with the request under section 12 of the Freedom of Information Act 2000 (the -�Act-�). The University also applied the exemptions contained at sections 38, 43 and 44(1)(a) of the Act in order to withhold the information. In relation to its application of the exemption contained at section 44(1)(a) of the Act, the University cited section 24(1) of the Animals (Scientific Procedures) Act 1986 as the relevant statutory bar on disclosure. The University later argued that the requested information was not held by the University. The Commissioner considers that the requested information is not held by the University, and he also considers that if it were, then the section 44(1)(a) exemption would be correctly engaged in this case. The Commissioner did not go on to consider the University-�s application of the provision contained at section 12 of the Act or the exemptions contained at sections 38 and 43. Information Tribunal appeal EA/2010/0064 allowed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 44 - Complaint Not upheld