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University of Nottingham (1) (Education) [2019] UKICO fs50803451 (8 July 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50803451.html
Cite as:
[2019] UKICO fs50803451
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University of Nottingham (1)
The complainants made an information request to the University of Nottingham (“the University”) for information about training courses attended by specific groups of staff, and about the recruitment of legal staff. The University initially refused the first part of the request under section 12(1) of the FOIA, stating that the cost of compliance would exceed the appropriate limit. It provided some information relating to the second part of the request. After the complainants resubmitted the first part of the request in a refined form, the University provided some information to them, but withheld some information under section 40(2) of the FOIA – third party personal data. It also provided some further information relating to the second part of the request. The Commissioner’s decision is that the exemption at section 40(2) of the FOIA is not engaged in respect of the withheld information, since it is not personal data as defined by the Data Protection Act 2018. She is satisfied that, on the balance of probabilities, the University has disclosed all of the information which it holds in respect of the recruitment of legal staff. In addition, she has determined that the University breached section 17(5) of the FOIA, since it did not issue its initial refusal notice within 20 working days. The Commissioner requires the University to take the following steps to ensure compliance with the legislation: disclose the information which was withheld under section 40(2) to the complainants.
FOI 40(2):
Complaint upheld
FOI 1:
Complaint not upheld
FOI 17(5):
Complaint upheld
Decision notice:
fs50803451