Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> University of Essex (Education) [2019] UKICO fs50787054 (2 May 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50787054.html
Cite as: [2019] UKICO fs50787054

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University of Essex

The complainant has requested correspondence between the University of Essex (the University) and eight named individuals and organisations. The University denied holding correspondence with all but three of the named organisations. In respect of these three organisations the University provided a limited amount of its correspondence with one, from which personal data had been redacted under section 40 of the FOIA but withheld the remaining information under section 34 – parliamentary privilege. The complainant has not contested the application of section 40. In respect of the second body, it withheld the information in its entirety under section 30 – investigations and section 31 – law enforcement. It advised the complainant that it was still considering whether to disclose the information it held in respect of the third body, the Information Commissioner’s Office (ICO). The Commissioner’s decision is that whilst the University denied holding correspondence with five individuals/organisations, it is highly likely, that at the time of the request, there was at least some information held on its behalf by an academic. However, during the course of the Commissioner’s investigation it became clear that the University was unable to access or recover this information and consequently the Commissioner is unable to order any meaningful steps. The Commissioner also finds that the University is entitled to withhold the information to which it applied section 34. However it is not entitled to withhold the information to which it has applied section 30 and section 31. Some of the information to which it has applied those exemptions can though be withheld under section 40. The University cannot withhold the correspondence with the ICO, apart from a limited amount of information which is exempt under section 40. The Commissioner requires the public authority to disclose the information withheld under sections 30 and 31 and the correspondence with the ICO apart from that which is exempt under section 40. The Commissioner has produced a confidential annex to identify the personal data in question. This annex will be provided exclusively to the University.

FOI 31: Complaint upheld FOI 40: Complaint partly upheld FOI 30: Complaint upheld FOI 1: Complaint partly upheld FOI 34: Complaint not upheld

Decision notice: fs50787054