Our ref: FoI Review 2009/65 – F0059800
16 June 2009
Craig Halliday
[email address]
Dear Mr Halliday,
Freedom of Information (Scotland) Act 2002 – Review Outcome
I write with regard to your request for a review of the University’s response to your
Freedom of Information request (Our Ref FoI 2009/65-F0059800).
I believe that the questions concerning the normal maximum amount Glasgow
University is prepared to pay for relocation expenses and the location of the website
at which the policy can be accessed have been answered.
I would add that the policy specifically states that "the Principal may exercise
discretion in granting additional support."
Your initial request for information about the number of times the normal maximum
amount for relocation expenses has been exceeded since October 2003, as well as
the actual amount paid, when it was authorised and when paid was considered to
exceed the fee limit as set out in the Freedom of Information (Fees for Required
Disclosure) (Scotland) Regulation 2004.
In your Request for Review you suggested that we use the PAYE records to find the
number of times the normal maximum amount has been exceeded since October
2003. The Finance Office has carried out this exercise and I can give the following
information:
2003/2004 4
2004/2005 4
2005/2006 6
2006/2007 6
2007/2008 4
2008/2009 5
Concerning the question of the personal relocation expenses of the Finance Director
Mr Robert Fraser, and the headings and amounts under which this total amount was
paid, I agree with the initial response from the University that this is personal data as
defined in the Data Protection Act 1998 and the release of this information would be
in breach of the data protection principles as defined in the Data Protection Act 1998.
The exemption from release of the information applies is specified under sections
38(1)(b) and 38(2) of the Freedom of Information (Scotland) Act 2002.
May I refer to the decision 191/2007 by the Scottish Information Commissioner in
which 'the Commissioner took account of the fact that information concerning an
individual's financial or contractual arrangement with their employer will relate to that
individual's private life in a significant sense.'
The supply of documents under the terms of the Freedom of Information (Scotland)
Act 2002 does not give the applicant or whoever receives the information any right to
re-use it in such a way that might infringe the Copyright, Designs and Patents Act
1988 (for example, by making multiple copies, publishing or otherwise distributing the
information to other individuals and the public). The Freedom of Information
(Scotland) Act 2002 (Consequential Modifications) Order 2004 ensured that Section
50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) applies to the Freedom
of Information (Scotland) Act 2002 (“FOISA”).
Breach of copyright law is an actionable offence and the University expressly
reserves its rights and remedies available to it pursuant to the CDPA and common
law. Further information on copyright is available at the following website:
http://www.ipo.gov.uk/copy.htm
I confirm that this letter signifies the end of the University’s internal procedures. If
you remain dissatisfied with the outcome of this review you can appeal to the Office
of the Scottish Information Commissioner at the following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
Fife KY16 9DS
Tel: 01334 646610
Email: [email address]
Please be advised there is a right of appeal to the Court of Session against the
Commissioner's decisions, but only on a point of law.
Yours sincerely,
Prof Graham D Caie
Clerk of Senate & Vice Principal
