Appendix B
Document:
Student Lifecycle Project Board Minutes
Date of meeting:
10 September 2008
Exemptions:
Exemption applied: Section 38(1)(b) & 38(2)
The identity and position held of third party persons recorded in the minutes supplied
in response to your request for information have been redacted as (a) the identities
are considered as personal data as defined in the Data Protection Act 1998, and (b)
the release of the identities and position held by those individuals would be in breach
of the data protection principles as defined in the Data Protection Act 1998.
Therefore the exemption from release of the information applies as specified under
sections 38(1)(b) and 38(2) of the Freedom of Information (Scotland) Act 2002. This
exemption is an absolute exemption under the Freedom of Information (Scotland) Act
2002.
Exemption applied: Section 33(1)(b)
The University of Glasgow considers that some of the information in the minutes of
the Student Lifecycle Project Board would be likely to prejudice substantially the
commercial interests of both the University and the person/s recorded in the minutes.
Notwithstanding the result of the “harm test”, section 33 of FOISA does not provide
an absolute exemption to the general entitlement to information. The University has
therefore considered whether, notwithstanding the exemption, it is in the public
interest to release the information.
The University has considered the public interest by applying the “public interest
test”. That is, the University has balanced whether the release of the information is in
the public interest against whether disclosure would substantially prejudice its own,
or another person’s, commercial interests. The view of the Office of the Scottish
Information Commissioner (OSIC), in its advice on the application of the “public
interest test”, is that the public interest should not be interpreted as “of interest to the
public”. That is, the potential release of the information must be in the interests of the
public and not merely of individual interest. The public interest in the disclosure of the
information requested is slight. The University of Glasgow operates in a very
competitive environment and the public interest is in ensuring the continuing success
of the University. The disclosure of the requested information would portray a
misleading picture of the University’s financial position and would be likely to be
detrimental to the public interest by adversely affecting the University’s relationships
with stakeholders. This potential for the withdrawal of funding would substantially
prejudice the commercial interests of the University of Glasgow.
In addition, the University must also consider the commercial interests of other
person/s. This person/s operates in a distinct environment and any release of
information concerning this aspect of its relationship with the University would be
misleading and damaging. This would in turn be likely to substantially prejudice the
commercial position of this person/s thus potentially jeopardising future funding
agreements with the University of Glasgow.
The University therefore concludes that the “public interest test”, as required when
applying section 33 of the FOISA, is met as the disclosure of the information
requested would cause real and significant substantial prejudice to the commercial
interest of the person/s in question. The public interest in withholding the information
is greater than the public interest in its release.
