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You are here: BAILII >> Databases >> Information Commissioner's Office >> University of Huddersfield (Education) [2022] UKICO 125081 (13 July 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/125081.html
Cite as: [2022] UKICO 125081
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University of Huddersfield
The complainant has requested from the University of Huddersfield (the university) any applications it submitted to Stonewall to become a Stonewall Diversity Champion, feedback received from Stonewall relating to the application, and the programme and communications from Stonewall over a specified timeframe. The university provided some information in response to the request, citing sections 43(2), 41(1) and 40(2) as its reasons to withhold the remaining information (“the withheld information”).The Commissioner’s decision is that the university is not entitled to rely on section 41 FOIA to withhold some of the requested information. He has also decided that section 43(2) is engaged in relation to the specific withheld information it was applied to. However the balance of the public interest lies in the disclosure of some of that withheld information whilst the public interest favours maintaining the section 43(2) exemption for the remaining information withheld under it. The Commissioner’s decision is that the university was correct to withhold the personal data which it redacted under section 40(2) of the FOIA. In failing to provide some information to which the complainant was entitled within the statutory timeframe, the university breached section 10(1) FOIA. The Commissioner requires the University to take the following steps to ensure compliance with the legislation. Disclose to the complainant, part of the information it has withheld under sections 41(1) and 43(2) FOIA – specifically, the University’s Workplace Equality Index 2020 Feedback (last item under reference 1). Disclose the information the university has withheld under sections 41(1) and section 43(2) FOIA – provided to the Commissioner under reference 6. Disclose the information the university has withheld under sections 41(1) and section 43(2) FOIA – provided to the Commissioner under reference 7.FOI 43(2): Complaint partly upheld FOI 10: Complaint upheld FOI 41(1): Complaint partly upheld FOI 40(2): Complaint not upheld
Decision notice: 125081