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You are here: BAILII >> Databases >> Information Commissioner's Office >> University of Birmingham (Education) [2021] UKICO IC-86739 (7 September 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-86739.html
Cite as: [2021] UKICO IC-86739
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University of Birmingham
The complainant requested a copy of legal advice sought in relation to disciplinary regulations. The Council of the University of Birmingham relied on section 40(1) of the FOIA (personal data of the requestor) to withhold the information, before later arguing that it was also exempt under section 42 of the FOIA (Legal Professional Privilege). The Commissioner’s decision is that the University was only entitled to rely on section 40(1) of the FOIA to withhold some of the requested information. However, the remaining information engages section 42 and the public interest favours maintaining the exemption. As the University failed to respond to elements of the request, that were not seeking personal data, under FOIA within 20 working days, it therefore breached section 17 of the FOIA. The Commissioner does not require further steps.FOI 42: Complaint not upheld FOI 17: Complaint upheld FOI 40(1): Complaint upheld
Decision notice: IC-86739