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You are here: BAILII >> Databases >> Information Commissioner's Office >> UCAS (Decision Notice) [2013] UKICO FS50453565 (22 May 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50453565.html
Cite as: [2013] UKICO FS50453565
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UCAS (Decision Notice) [2013] UKICO FS50453565 (22 May 2013)
Summary: The complainant submitted a number of requests to UCAS. -˜Request 5-™ sought data about applications to universities; -˜request 6-™ sought data about the accuracy of predicted grades of applicants to universities. UCAS argued that as a public authority, that was only partially covered by FOIA, it had no obligations under FOIA in relation to information that was not held for the immediate purpose of its single FOI designated function, namely the provision and maintenance of a central applications and admissions service. It concluded that on this basis the majority of the requested information was not in fact accessible under FOIA, in other words it was not a public authority in respect of the majority of the requested information as it related to previous admissions cycles. In the alternative, UCAS argued that the information falling in the scope of request 5 was exempt on the basis of sections 41(1), 43(1) and 43(2) of FOIA and that fulfilling request 6 would require the creation of new information, something it was not required to do under FOIA. With regards to the issue of its designation, the Commissioner disagrees with UCAS and has instead concluded that all of the information falling within the scope of both requests is potentially accessible from UCAS under FOIA. However, the Commissioner is satisfied that the information falling within the scope of request 5 was correctly withheld on the basis of section 43(2), the commercial interests exemption, and that fulfilling request 6 would indeed require the creation of new information and thus for the purposes of FOIA, UCAS does not hold the information sought by request 6.
Section of Act/EIR & Finding: FOI 43 - Complaint Not upheld