Louis Seaman
[FOI #24497 email]
15 January 2010
Our Ref: FOI 2009/210 – F0080873
Dear Mr Seaman,
Re: Freedom of Information (Scotland) Act 2002 – Request for Information
Thank you for your email which was received by the University on 11 December 2009 timed
09:43 hours, requesting the following information:
‘Could you please send me copies of all communications (including emails) between
the Student Lifecycle Project Directors and the Secretary of the University Court
regarding the Student Lifecycle Project since 01 October 2009.’
University’s Response
Please find the University’s response attached. Please note that some of the information
pertinent to your enquiry is subject to exemptions and has been withheld either by omission or
redaction. Where an exemption has resulted in information being redacted (in Appendix B
Parts 1 & 2) this is shown in Appendix A – Schedule of Documents. Details of the relevant
exemptions are listed below.
Section 33 (1)(b) Commercial Interests and the economy
The disclosure of the information would, or would be likely to, prejudice substantially the
commercial interests of any person (including the University).
The University of Glasgow considers that some of this information would be likely to prejudice
substantially the commercial interests of both the University and the person/s recorded in the
documentation.
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.
DATA PROTECTION AND FREEDOM OF INFORMATION OFFICE
M
ain Building, University of Glasgow, Glasgow G12 8QQ
Data Protection: Telephone: 0141-330-3111
E-Mail: [email address]
Freedom of Information: Telephone: 0141-330-2523
E-Mail: foi@gla.ac.uk
The University of Glasgow, charity number SC004401
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 be likely to be detrimental to
the public interest by inhibiting the University from achieving maximum results from this and
future relationships and negotiations with third parties.
In addition, the University must also consider the commercial interests of third parties. The
University values the relationship that it enjoys with the third party suppliers involved in this
project. The release of the requested detailed information would potentially damage the
commercial interests, not only of the third parties but of the University itself. This would
consequentially also undermine this valued relationship between the two and may also
potentially jeopardise the ability of the University of Glasgow to negotiate and engage in
similar future relationships and projects.
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 prejudice
substantially the negotiating position of the University in respect to achieving maximum return.
The public interest in withholding the information is greater than the public interest in its
release.
Section 36 (1) Confidentiality
In section 36(1) of FOISA, the phrase ‘confidentiality of communications’ includes information
which attracts legal professional privilege (LPP). Information attracting LPP can broadly be
defined as those communications with a legal adviser where advice is being sought or given
(known as ‘legal advice privilege’).
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. As previously advised, 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 considers that the public interest in maintaining the exemption and withholding the
information outweighs the public interest in disclosing it. There is a strong element of public
interest inbuilt into legal professional privilege itself and at least equally strong countervailing
considerations must be adduced for the public interest to weigh in favour of disclosure.
While there is a public interest in disclosing information that enables scrutiny of a public
authority's actions and which encourages transparency in decision-making, in this particular
case the public interest weighs in favour of maintaining the exemption as the issues remain
live, and it is in the public interest that public authorities are not disadvantaged in their legal
affairs and are allowed to conduct, in confidence, a free and frank exchange of information
and views as to their legal rights and obligations with those advising them without fear or
intrusion. The University demands and receives comprehensive advice which directly affects
its decision making. Without that advice the quality of the decisions themselves would be
reduced and such a scenario would be contrary to the public interest.
Section 38 Personal Information
The identity and position held of those persons recorded in the documents that constitute the
University’s 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.
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
Your right to seek a review
Should you be dissatisfied with the way in which the University has dealt with your request,
you have the right to require us to review our actions and decisions. If you wish to request a
review, please contact the University Secretary, University Court Office, Gilbert Scott Building,
University of Glasgow, Glasgow, Scotland G12 8QQ or e-mail: [University of Glasgow request email] within 40
working days. Your request must be in a recordable format (letter, email, audio tape, etc). You
will receive a full response to your request for review within 20 working days of its receipt.
If you are dissatisfied with the way in which we have handled your request for review you may
ask the Scottish Information Commissioner to review our decision. You must submit your
complaint in writing to the Commissioner within 6 months of receiving the response to review
letter. The Commissioner may be contacted as follows:
The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]
An appeal, on a point of law, to the Court of Session may be made against a decision by the
Commissioner.
For further information on the review procedure please refer to
(http://www.gla.ac.uk/services/dpfoioffice/policiesandprocedures/foisa-complaintsandreview/ )
All complaints regarding requests for information will be handled in accordance with this
procedure.
Yours sincerely,
Data Protection and Freedom of Information Office