Mr Neil Davies
By email only to email@example.com
18 April 2018
Dear Mr Davies,
Our ref: FOI-18-0076
Thank you for your correspondence of 19 March 2018, in which you requested the following
information from the University of Sussex.
Please provide a copy of your college's response to the 2017 and 2014 UUK USS valuation
Your request has been dealt with under the Freedom of Information Act 2000 (“the Act”).
Please see attached for the requested documents; note that some redactions have been made
where applicable as the University is not obliged to provide information that is the personal data
of another person.
You can find out more about Section 40(2) by reading an extract from the Act and some
guidance points considered when applying this exemption, in the form of a Guidance Note
attached to this letter
If you are not satisfied with this response you may request a review but this must be within 40
days of receiving this response. In the first instance please write to Alexandra Elliott, the Head
of Information Management and Compliance, at the address below. Full details of our Freedom
of Information internal review procedure are at:
If you need to contact us about your request please quote your reference number FOI-18-0076.
Information Management and Compliance
P LA N NI NG , I NF O R M AT I O N M AN AG E ME NT A ND C OM P LI AN C E
Sussex House | University of Sussex | Falmer | Brighton BN1 9RH | United Kingdom
T +44 (0)1273 873954 | firstname.lastname@example.org
Explanation of FOIA - Section 40(2) – Information Relating to Third Parties
You will find additional information about Section 40 of the Freedom of Information Act provided
below. An extract from the legislation, as wel as some of the guidance used when applying it is
Section 40: Personal Information.
(2) Any information to which a request for information relates is also exempt information if—
(a) it constitutes personal data which do not fall within subsection (1), and
(b) either the first or the second condition below is satisfied.
(3) The first condition is—
(a) in a case where the information falls within any of paragraphs (a) to (d) of the
definition of “data” in Section 1(1) of the Data Protection Act 1998, that the
disclosure of the information to a member of the public otherwise than under this
Act would contravene—
(i) any of the data protection principles, or
(ii) Section 10 of that Act (right to prevent processing likely to cause damage or
(b) in any other case, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene any of the data protection
principles if the exemptions in Section 33A(1) of the Data Protection Act 1998
(which relate to manual data held by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of Part IV of the Data Protection
Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject’s right
of access to personal data).
Section 40(2) of the Act applies to requests for personal data of someone else (a third party).
Personal data of a third party is exempt under Section 40(2) if its disclosure to a member of the
public would contravene one or more of the data protection principles, and such a request must be
The eight data protection principles are as follows:
Personal data must be:
1. fairly and lawfully processed
2. processed for specified and lawful purposes
3. adequate, relevant and not excessive
4. accurate, and kept up to date
5. not kept longer than necessary
6. processed in accordance with individuals' rights under the Data Protection Act
7. kept secure
8. not transferred to non-EEA countries without adequate protection
In most cases, personal data will be exempt if disclosure would be ‘unfair’. Disclosure of personal
data relating to a third party will often breach the fair processing principle if there was a legitimate
expectation by a third party that this information would remain confidential, or there was otherwise
an expectation of privacy.
The Section 40(2) exemption is absolute and is not subject to the public interest test outlined in the
The Information Commissioner has issued guidance on this exemption which is available at:
You can find the full text of the relevant legislation at