Dear Austin,

I am writing to acknowledge your request under the Freedom of Information Act 2000 received by The University of Manchester on 1 April 2021, our reference as per the subject line.

The University will respond to your request within 20 working days.

NB Due to the current situation with the Covid-19 virus and the University’s response to it, there may be a delay in receiving your response at this time.

Kind regards

Alan Carter | Records Manager | Information Governance Office | Directorate of Compliance and Risk |Professional Support Services | G0.6 Christie Building | The University of Manchester | Oxford Road | Manchester | M13 9PL | Tel +44(0) 161 275 8111 | www.manchester.ac.uk

We are all responsible for protecting personal data held by the University, including who we share that data with. Stop and think before you send your email.  For further guidance see: www.staffnet.manchester.ac.uk/igo/

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Dear Austin

I am writing in response to your request under the Freedom of Information
Act 2000 whereby you requested -

I would be very grateful if you can kindly provide the following data for
[2020fall entry] admission cycle until the date you reply to me:

1. List of all undergraduate programmes

2. Numbers of all applications (each specific programme)

3. Numbers of all offers made (each specific programme)

4. Numbers of Chinese nationality applications (each specific programme)

5. Numbers of Chinese nationality offers made (each specific programme)

The University has now considered your request and unfortunately the
information you are seeking cannot be provided at this time. This is
because we believe the information relating to applicants and information
on their offers is exempt from disclosure by virtue of the listed
exemption at Section 43 (2) – Commercial Interests. Please see the refusal
notice below for further details.

Refusal Notice

This Refusal Notice has been issued under Section 17 (1) of the Freedom of
Information Act (FOIA). Under Section 1 (1) of the FOIA The University of
Manchester confirms that the information requested is held but we are
refusing to provide it in response to your request for the reasons set out
below.

Section 43 (2) – Commercial Interests

Information is exempt information if its disclosure under this Act would,
or would be likely to, prejudice the commercial interests of any person
(including the public authority holding it).

We are applying Section 43 (2) as a prejudice-based exemption. We may rely
on this exemption if the disclosure would prejudice someone’s commercial
interests (including the University’s own). Commercial interests may be
prejudiced where a disclosure would be likely to:

· Damage its business reputation or the confidence that customers,
suppliers or investors may have in it

· Have a detrimental impact on its commercial revenue or threaten its
ability to obtain supplies or secure finance

· Weaken its position in a competitive environment by revealing market
sensitive information or information of potential usefulness to its
competitors.

It is the latter of these three points that The University of Manchester
feels is relevant to this request. To determine where the public interest
lies with regard to this exemption, we have previously liaised extensively
with relevant staff in the University regarding requests of this nature,
including the Director of Student Recruitment & International Development,
the Heads of Teaching, Learning and the Student Experience in Faculties as
well as the University’s Head of Student Data, Analysis and Records.

All felt that releasing information of the type requested at course level
would impact on the University’s competitive advantage and would therefore
prejudice our commercial interests. Providing information on the level of
applications, offers and enrolments at course level would give a new or
existing competitor key information about our programmes. This could
enable them to either start a new course themselves (by identifying a
perceived gap in the market which could then impact on our numbers of
applications, offers and/or acceptances) or to more aggressively compete
with us/poach from us (as they identify they could be able to gain a
bigger share of the market which could then impact on our numbers of
applications, offers and/or acceptances). Any disclosure under the FOIA is
considered as a disclosure to the world, so whereas it may not be your
intention to use the information in this way, it must be an important
factor in our considerations.

Public Interest Test

As Section 43(2) is a qualified exemption we are required to carry out a
public interest test to determine if the commercial interest is overridden
by the public interest from a release of the information concerned.

Factors in Favour of Disclosure

There is public interest in disclosing applications and offer data. To do
so would ensure that members of the public can be satisfied that the
University of Manchester is open and transparent. It may also assist
public debate with regard to the issue of student recruitment and offer
making.

Factors Against Disclosure

Universities operate in an ever and increasingly competitive environment
and as such, the University would not wish to disclose information that
would be likely to prejudice our commercial interests and our position
within this environment.

Therefore, we believe that for the reasons outlined above, the balance
lies in maintaining the exemption at this time.

We have provided you a list of the undergraduate courses for 2020 as a
gesture of goodwill and I hope that this information is useful.

If you feel that The University of Manchester has refused access to
information to which you are entitled, or has not dealt with your request
appropriately under the FOIA, you have a right of appeal.

An appeal in the first instance should be directed to the Information
Governance Office at [1][email address]. You should include:

· details of your initial request

· any other relevant information

You must make this appeal within 40 working days from receipt of your
response. We will not accept appeals received after this date, as per the
Freedom of Information Code of Practice, Section 5.3.

The University will deal with your appeal within a reasonable time, and
will inform you of the projected time scale on receipt of your complaint.
You are also welcome to contact the Information Governance Office with
informal questions about the handling of your request.

After The University’s internal appeals procedure has been exhausted, you
have a further right of appeal to the Information Commissioner’s Office.
Details of this procedure can be found at [2]www.ico.org.uk.

Best wishes

Holly

Holly Haslam| Information Officer | Information Governance Office |
Directorate of Compliance and Risk |Professional Services | G7 Christie
Building | The University of Manchester | Oxford Road | Manchester | M13
9PL | Tel +44(0) 161 306 7549| [3]www.manchester.ac.uk

[4]data_matters_logo2-(3)

We are all responsible for protecting personal data held by the
University, including who we share that data with. Stop and think before
you send your email.  For further guidance see:
[5]www.dataprotection.manchester.ac.uk

References

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