INFORMATION COMPLIANCE TEAM
University Offices, Wellington Square, Oxford OX1 2JD
09 November 2020
Reply to request for information under the Freedom of Information Act
Email of 12 October 2020
According to the Freedom of Information Act, I would like to request past (internal)
examiners' reports for the First BM Part II Examinations (trinity term) from the years 2004-
2015. If you do not have records back to 2004, please provide to the earliest year you do
have. Thank you.
Dear Mr Wallace
I write in reply to your email of 12 October requesting the above information. Please find the information
requested at the annex to this letter.
We have redacted from the reports the names of individuals and any other information that could be used to
identify them. In making these redactions, we have applied the exemption in section 40(2) of the Freedom of
Information Act (FOIA). Section 40(2) provides an exemption from disclosure for information that is the personal
data of an individual other than the requester, where disclosure would breach any of the data protection
principles in Article 5 of the General Data Protection Regulation (GDPR). We consider that disclosure of the
information requested would breach the first data protection principle, which requires that personal data is
processed lawfully, fairly and in a transparent manner. Disclosure would be unfair to the individuals concerned,
as it would be contrary to their reasonable and legitimate expectations. They would not reasonably expect their
personal data would be made public in an attributable form under the FOIA without their consent. (Please note
that a disclosure of information under FOIA is presumed to be a disclosure to the world at large, and not just a
disclosure to the individual making the request.)
For the disclosure of personal data to be lawful, it must have a lawful basis under Article 6 of the GDPR. There
are six possible lawful bases in Article 6; we do not consider that any of them would be satisfied in respect of
The exemption in section 40(2) is an absolute exemption and is not subject to the public interest test provided
for in section 2(2)(b) of the FOIA. To the extent that the public interest is relevant in this case, we believe that
it is sufficiently met by disclosure of the anonymized information at the annex.
If you are dissatisfied with this reply, you may ask the University to review it, by writing to the Head of
Information Compliance at firstname.lastname@example.org.
A request for internal review should be submitted no later than
40 working days from the date of this letter.
THE INFORMATION COMMISSIONER
If, after the internal review, you are still dissatisfied, you have the right under FOIA to apply to the Information
Commissioner for a decision as to whether your request has been dealt with in accordance with the FOIA. You
can do this online using the Information Commissioner’s complaints portal.
Information Compliance Team