06 June 2022
By email to: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear C. Swanson,
I refer to your Freedom of Information request, received on 10 May 2022, about applications
to Abertay University’s Undergraduate programmes from applicants who have disclosed on
their UCAS form that they have spent time in care.
Details of any exemptions applied are below. Where any information is “not held”, this is
explained below. Those parts of the University’s response (together with the details of how
to ask the University to review the management of your request, or thereafter to seek a
review by the Scottish Information Commissioner, should you wish to do so – please see
below) constitutes the notice in writing that the information specified is not held by the
University which is required under section 17 of the Freedom of Information (Scotland) Act
2002 (“FOISA”).
Your enquiry and the University’s response.
Care Applicants Information 2016/17 - 2021/22
Session
Applicants Places Registered
Who
Offered Students
Spent
Time In
Care
2016/17
22
14
<5*
2017/18
23
17
6
2018/19
48
37
13
2019/20
76
62
21
2020/21
74
59
20
2021/22
82
65
21
* In one instance, we have not provided full information in relation to the number of
registered students in academic year 2016/17. The exact number has been withheld as it is
very small and individuals could potentially be identified.
The University is required to consider legislative tests applying to personal data when a
request is received. This includes where information, either on its own or in combination with
other information, might lead to the identification of individuals and/or the disclosure of
personal data about them, or their ‘special categories’ of personal data.
The University considers that to release the information requested would not be fair or lawful
to the data subject(s) or would otherwise breach the Data Protection Principles (Article 5,
General Data Protection Regulation). The University has therefore applied the exemption for
personal data in section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 and has
withheld some of the requested information. Where applicable under the legislation, the
University has also considered that the public interest test favours the withholding of the
information.
The Higher Education Statistics Agency (“HESA”) has provided more information on
redacting/disguising low numbers and data protection. HESA routinely does this, and is the
UK higher education sector’s leading statistical reporting and research body. Their
information on low numbers is available to you at:
https://www.hesa.ac.uk/about/regulation/data-protection/rounding-and-suppression-
anonymise-statistics
For more information, please refer to the Information Commissioner’s Office guidance at:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/
This concludes the University’s response.
Your right to seek a review of how your information request was managed.
If you are not satisfied with our response or our reasoning set out above, you have 40
working days in which to require a review of our decision. Any such request should be put in
writing and should be sent to the University Secretary, Abertay University, at the address
provided below. The request should:
(a) detail your request for a review of our decision to be undertaken
(b) describe the nature of your original request
(c) explain the reasons why you are dissatisfied with our response
Interim Secretary to Court
Abertay University
Bell Street
Dundee
DD1 1HD
Tel (01382) 308016
E-mail: x.xxxxx@xxxxxxx.xx.xx
If you remain dissatisfied with how your request for information has been dealt with, you also
have the right, in terms of section 47 of FOISA, and within 6 months, to apply to the Scottish
Information Commissioner for a decision as to whether we have handled your request
properly.
Information relating to your right to seek review is available from the Scottish Information
Commissioner's website:
http://www.itspublicknowledge.info
or by contacting the Scottish Information Commissioner's Office at the following address:
Scottish Information Commissioner,
Kinburn Castle,
Doubledykes Road, St Andrews,
Fife KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
E-mail:
xxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxxx Website:
http://www.itspublicknowledge.info
Or via the SIC’s online appeals service:
http://www.itspublicknowledge.info/YourRights/Unhappywiththeresponse/AppealingtoCommi
ssioner.aspx
If you are unhappy with the Commissioner’s decision, you also have the right to appeal
further to the Court of Session, on a point of law only, under section 56 of FOISA. Please
refer to the Commissioner’s website (details above) for further information about your right of
appeal to the Court of Session.
Yours sincerely,
FOI Processing
Abertay University
Abertay University is a registered Scottish charity, no. SC016040
