INFORMATION COMPLIANCE TEAM
University Offices, Wellington Square, Oxford OX1 2JD
23 October 2020
Reply to request for information under the Freedom of Information Act
Your email of 26 September 2020
>The number of counsel ors employed by the University from Black, Asian or from an ethnic
minority background, broken down by category, for each year from 2016 to 2020
>The number of counsel ors employed by the University who are LGBTQ+, broken down by
year (2016, 2017, 2018, 2019, 2020)
Dear Ms Wright
I write in reply to your email of 26 September requesting the above information.
As the numbers are very small and because of the potential risk of identifying the relevant individuals, we are
unable to provide you with this information.
In taking this measure, we are applying 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 this information would
breach the first data protection principle, which requires that personal data is processed fairly and lawful y.
Disclosure would be unfair to the individuals concerned, as it would be contrary to their reasonable and
legitimate expectations: they would not expect that information about their sexual orientation would be made
available 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 disclosure. 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,
the University has taken it into account.
If you are dissatisfied with this reply, you may ask the University to review it, by e-mailing the Head of
Information Compliance at email@example.com.
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 stil 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