David Black
xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
26 January 2009
Our Ref: FOI 2008/163 – F0047500
Dear Mr Black,
Re: Freedom of Information (Scotland) Act 2002 – Request for Information
Thank you for your email which was received by the University on 19 December 2008 timed
2345 hours, requesting information about:
Could you please provide me with a list of all banks that the University of Glasgow has
deposits and the amount that is deposited in each bank?
University’s Response
The University deposits with the following banks:
Clydesdale Bank
Abbey National
Bank of Scotland
Blackrock
Lloyds TSB
HSBC
Royal Bank of Scotland
The University of Glasgow considers that the amount deposited in each bank is exempt under
section 33(1) (b) of the Freedom of Information (Scotland) Act 2002 on the basis that
its
disclosure may substantially prejudice the commercial interests of the University of Glasgow.
Notwithstanding the result of the “harm test”, section 33 of the Freedom of Information
(Scotland) Act 2002 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,
.
DATA PROTECTION AND FREEDOM OF INFORMATION OFFICE
Main Building, University of Glasgow, Glasgow G12 8QQ
Data Protection: Telephone: 0141-330-3111
E-Mail: xxxx.xxxxxxxxxx@xxx.xx.xx
Freedom of Information: Telephone: 0141-330-2523
E-Mail: foi@gla.ac.uk
The University of Glasgow, charity number SC004401
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 an individual interest. The public
interest in the disclosure of the financial 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 revealing the current cash reserves of the
organisation which could influence its relationships or potential relationships with suppliers,
partners or funders and thus affect the University’s ability to remain competitive.
The University therefore concludes that the “public interest test”, as required when applying
section 33(1)(b) of the Freedom of Information (Scotland) Act 2002, is met as the disclosure of
the information requested would prejudice substantially both the commercial interests and the
negotiating position of the University in respect to operating successfully within the Higher
Education Sector on a national and international basis. The public interest in withholding the
information is greater than the public interest in its release.
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
Your right to seek a review
Should you be dissatisfied with the way in which the University has dealt with your request,
you have the right to require us to review our actions and decisions. Please refer to the
Review Procedure (http://www.gla.ac.uk/services/dpfoioffice/policiesandprocedures/foisa-
complaintsandreview/ ) for further information. All complaints regarding requests for
information will be handled in accordance with this procedure.
Yours sincerely,
Data Protection and Freedom of Information Office