Information Commissioner's Office

Durham University

10 September 2015, Education (University)

The complainant has made a number of requests to Durham University (the University) for information relating to the testing methods used with regard to Reading, Kendrick and Slough schools. This decision notice concerns one request, which asked for copies of raw test results. The University considered the test data engaged the ‘commercial interests’ (section 43(2)) exemption in FOIA and found that on balance the public interest favoured maintaining the exemption. The Commissioner’s decision is that the University correctly applied section 43(2) of FOIA and has decided that in all the circumstances the public interest in favour of maintaining the exception does outweigh the public interest in favour of disclosure. This decision notice is currently under appeal to the Tribunal.

FOI 43: Not upheld