Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> University of Cambridge (Education) [2019] UKICO fer0771747 (13 March 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fer0771747.html
Cite as: [2019] UKICO fer771747, [2019] UKICO fer0771747

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University of Cambridge

The complainant has requested information associated with a proposed land development.  Trinity Hall (a College of the University of Cambridge) originally relied on section 21(1)(information accessible to applicant by other means), section 41(1) (information provided in confidence) and section 43(2) (commercial interests) of the FOIA to withhold information it considers it is likely to hold.  Trinity Hall subsequently confirmed that its primary position is that it is not obliged to comply with the request under section 12(1) of the FOIA (cost exceeds the appropriate limit).  It also indicated that some information would be exempt under section 42(1) (legal professional privilege). The Commissioner’s decision is as follows: The requested information, where held, can be categorised as environmental information which Trinity Hall should have handled under the EIR. Trinity Hall can rely on regulation 12(4)(b) of the EIR (manifestly unreasonable request by virtue of cost) to refuse to comply with the complainant’s request. Trinity Hall breached regulation 9(1) of the EIR as it failed to offer advice and assistance to the complainant. The Commissioner requires Trinity Hall to take the following step to ensure compliance with the legislation: In order to comply with regulation 9(1) provide advice and assistance to the complainant as to how he might refine his request to bring complying with the request within the cost limit, if it is possible to do so.

EIR 9: Complaint upheld EIR 12(4)(b): Complaint not upheld

Decision notice: fer0771747