Exemptions applied to the Minutes of the Senior Management Group 17 March
2009
Section 1 of the Act sets out the right of any person requesting information from a
Scottish Public Authority, such as the University of Glasgow, but this general right is
subject to a number of exemptions. After careful consideration and having applied
both the “harm test” and the “public interest test” set out in the terms of the Act where
appropriate, the University has reached the conclusion that certain sections of the
information you requested should not be disclosed. That is, we consider that it is not
in the interests of the public for the requested information to be disclosed, therefore
this information has been redacted.
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)
EXSMG/2008/75 Student Lifecycle Project (Paper)
The University of Glasgow considers that some of the information in the minutes of
the University SMG Meeting dated 17 March 2009 would be likely to prejudice
substantially the commercial interests of both the University and the person/s
recorded in the minutes.
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.
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 organisations from entering into
relationships and working with the University. This potential to fail to achieve best
value would substantially prejudice the commercial interests of the University of
Glasgow.
In addition, the University must also consider the commercial interests of other
person/s. This person/s operates in a very competitive environment and any release
of information concerning its relationship with the University would be likely to lead to
their competitors gaining an advantage. This would in turn be likely to adversely
affect the commercial position of the organisation, causing real and significant
substantial prejudice to their commercial interests. This would also thus potentially
jeopardise the ability of the University of Glasgow to achieve best value.
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 or
may inhibit organisations from entering into relationships and working with the
University. The public interest in withholding the information is greater than the public
interest in its release.
EXSMG/2008/77 I&E Report (Period 7)
As before, 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 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 at this time before the Annual Accounts of the University are
audited would be likely to be detrimental to the public interest and the University by
potentially revealing information that may be misinterpreted or may inhibit
organisations from entering into relationships and working with the University.
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 cause real and significant substantial prejudice to the commercial
interest of the person/s in question. The public interest in withholding the information
is greater than the public interest in its release.
The University therefore concludes that the public interest is in withholding the
redacted information in both instances and consequently the exemption under
section 33(1)(b) applies.