Our ref: FoI Review 2009/85 – F0060433
16 June 2009
Mr Robert Clark
[FOI #9609 email]
Dear Mr Clark,
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 2009/85-F0060433). Your areas of
concern relate to:
The request for review, dated 19 May 2009, is in two parts, the first referring to the
response, dated 20 April 2009, to question 2 and the second to the second part of
question 3, of the enquiry received on 22 March 2009.
I have examined the responses to questions 2 and 3 given on 20 April 2009 in the
light of the comments made on these responses in the request for review of 19 May
2009.
Question 2 I have had sight of the original responses, dated 3 December 2008, to questions
received on 29 October 2008, and in particular, the response to question 3 is relevant
to question 2 of 22 March 2009. The Finance system (Agresso) is complex and
serves a large institution; implementation is ongoing until 2009 in order to optimise its
benefit to the University’s financial management. I therefore conclude that the
response of 20 April 2009 to question 2 of 22 March 2009, taken with the previous
response, needs no expansion.
Question 3 I have reviewed the response of 20 April 2009 and have no doubt that it covered the
question adequately. To have detailed “...the salary increase (in percentage terms)
that this director has received…” would have been to pass on “information regarding
his salary” and as such is personal data under the terms of 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
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,
Professor Andrew S Nash
Pro Vice-Principal