Dear University of Manchester,

Can you release all previous exam papers for the following exams:
- MCQ
- SAP
- OSCE

taken by BDS Dentistry undergraduates in all year groups for the years 2010-2017. If possible could you also send the examiner's reports/model answers.

Yours faithfully,

G McTomford

MTRS FOIA, University of Manchester

Dear G McTomford

 

Thank you for your email requesting data relating to exam papers.

 

I have today forwarded details of your request to the relevant department
within the University and will contact you again once I have received a
response.

 

With best regards

Lisa Crawley

 

Dr Lisa Crawley l  Records Officer  l Information Governance Office
l Directorate of Compliance and Risk l  Professional Support Services |
Room G6 Christie Building  l Compliance & Risk Management Office l  The
University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l 
Tel +44 (0)161 275 8400  

 

 

Dear Dr Lisa Crawley,

Thank you for your reply. As I haven't heard from you, I'd appreciate it if you could remind the relevant department within the University that the legal deadline for responding to my FOI request is in 10 days, and a response as soon as possible would be greatly appreciated.

Yours sincerely,

G McTomford

MTRS FOIA, University of Manchester

Dear G McTomford

 

Thank you for your email requesting exam papers. The University is
refusing your request as it believes that the data is exempt under S43 of
the Act – the exemption which relates to commercial interest. Please see
the formal refusal notice below:

 

Refusal Notice

 

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

 

Details of your request:

 

Can you release all previous exam papers for the following exams:

- MCQ

- SAP

- OSCE

taken by BDS Dentistry undergraduates in all year groups for the years
2010-2017. If possible could you also send the examiner's reports/model
answers.

 

Section 43 (2) of the FOIA – 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 interest (including the University’s own).  Commercial interest
may be prejudiced where a disclosure would be likely to:

 

o Damage its business reputation or the confidence that customers,
suppliers or investors may have in it
o Have a detrimental impact on its commercial revenue or threaten its
ability to obtain supplies or secure finance
o Weaken its position in a competitive environment by revealing market
sensitive information or information of potential usefulness to its
competitors.

The release of the requested data would give an unfair advantage to some
and may be also of commercial benefit to the owner of this information.
The release of such material will compromise our current secure bank of
question items. Students who then will have access to such
information will be advantaged to succeed in their exams compromising the
confidence in our system that has a duty to protect the public (GDP
Preparing for Practice).  

 

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.

 

The University of Manchester has carefully considered the balance of
public interest in this instance and has concluded that the balance lies
in withholding the information.

 

The University of Manchester Freedom of Information Act appeals procedure

 

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, contact details below. You should include:

 

•         details of your initial request

•         any other relevant information

 

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: 

 

[1]www.ico.org.uk

 

With best regards

 

Lisa Crawley

 

 

Dr Lisa Crawley l  Records Officer  l Information Governance Office
l Directorate of Compliance and Risk l  Professional Support Services |
Room G6 Christie Building  l Compliance & Risk Management Office l  The
University of Manchester  l  Oxford Road  l  Manchester  l  M13 9PL  l 
Tel +44 (0)161 275 8400  

 

References

Visible links
1. http://www.ico.org.uk/

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