FOI 2223 459 Response.pdf

Our ref: FOI/2223/459
Freedom of Information Team

Legal & Governance
Name: Ayush Kotecha
University of Liverpool
By email to: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Foundation Building

765 Brownlow Hil

Liverpool

L69 7ZX


1 August 2023
E  xxx@xxxxxxxxx.xx.xx

https://www.liverpool.ac.uk/legal/

Dear Ayush,

Your request for information received on 3 July has now been considered.  A response to your enquiry is
provided below.

I have a request regarding information on the university’s dentistry school. All questions are for last years
UCAS cycle.

How many of the students admitted were studying A Levels?  59

How many of the students admitted were international?  5

How many of each category of students that I have mentioned above were:
i.
Rejected pre-interview
ii.
Rejected post interview
iii.
Given an offer

A Level*  International**
Rejected pre-interview
489
51
Rejected post interview
396
5
Given an offer
113
8

* A level includes al  equivalent school leaver level qualifications e.g. the International Baccalaureate,
Scottish Advanced Highers etc.
**International incudes al  non-home applicants i.e. Overseas and EU

For each applicant, can I get their UKCAT score, their GCSE results, degree result or prediction, A Level results
or prediction, pre-interview score and interview score? If it is not possible to give all the data within the time
limit of 18 hours, I would ask the university give me a sample of randomised data such that the time and cost
constraints are met.
We can confirm that the University holds this information; however, it is withheld because it fal s under
Section 40(2) (Personal Information) of the Freedom of Information Act.

The definition of personal data is set out in Article 4 of UK GDPR. ‘Personal data’ means any information
relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one
who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person.

The University has considered that if it were to disclose the information by candidate, it could be possible
to identify the individuals concerned. There is a risk that specific individuals could be identified with
knowledge of achieved A-level scores and application status. An individual with knowledge of this matter
may be able to use these specific details to attempt to identify the individuals involved. Therefore, the
University believes the information constitutes personal data.

We have considered whether disclosure would breach any of the principles of the UK General Data
Protection Regulation (UK GDPR). Article 5 sets out seven key principles which lie at the heart of the
general data protection regime.

Article 5(1) requires that personal data shal  be:
“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness
and transparency’); and
(b) col ected for specified, explicit and legitimate purposes and not further processed in a manner that is
incompatible with those purposes;
The University does not consider this request to be a compatible purpose [Article 5(1)(b)].

We have also considered that data subjects would not have any reasonable expectation that these details
would be made public [Article 5(1)(a)]. Disclosure would be unfair to the individuals concerned, as it
would be contrary to their reasonable and legitimate expectations. Applicants would not reasonably
expect that their application information would be made public under the FOIA without their consent. We
do not consider that any of them would be satisfied in respect of the disclosure.

The University has concluded that it is neither in accordance with the GDPR principles nor in the public
interest, to release this information. Section 40(2) is an absolute exemption and therefore not subject to
the public interest test. This acts as our Refusal Notice.

I would also request for a copy of the interview form that the university uses to assess a candidate during the
interview for the Dentistry course. This request is applicable for this years entry cycle and I would like the
forms for interview for both the undergraduate and post graduate interviews.
I would also like to know what the selection process is when determining a candidates suitability for the five
year course. If any form is used to assess this, I would also like a copy of this.
We can confirm that the University holds this information; however, it is withheld because it fal s under
Section 43(2) (commercial interest) of the Freedom of Information Act (FOIA).
Section 43(2) FOIA provides that an authority is not obliged to respond to a request for information if “its
disclosure would, or would be likely to, prejudice the commercial interest of any person, including the
public authority holding it”. Commercial interests may be prejudiced where a disclosure would be likely
to:
•  Damage its business reputation or the confidence that customers, suppliers, or investors may have in
it
•  Have a detrimental impact on its commercial revenue or threaten its ability to obtain supplies or
secure finance
•  Weaken its position in a competitive environment by revealing market sensitive information or
information of potential usefulness to its competitors.

We believe that our applicant assessment materials are commercial assets of the University. The University
operates in a competitive environment where other institutions of higher education deliver similar products
(undergraduate degree courses).  By placing information on the nature of admissions assessment forms into
the public domain, this would substantial y prejudice our commercial interests. By sharing information that
could indicate the assessment methods used publicly, other universities wil  gain an understanding of the

structure of admissions process. In addition, disclosing this information would give an unfair advantage to
other students who may not have access to these documents.

As section 43(2) is a qualified exemption, the University has considered whether it would be in the public
interest to provide the information, despite the exemption being applicable.  When assessing whether it
was in the public interest to disclose the information to you, we have considered the fol owing factors:

Factors in Favour of Disclosure
•  To give public assurance that assessment methods are fair and meet national standards. 
•  To demonstrate the University of Liverpool’s commitment to the principles of accountability and
transparency.

Factors Against Disclosure
•  The Information Tribunal has acknowledged that universities have commercial interests
(EA/2009/0034), and that UK Universities operate in a global market. The University operates in a
competitive environment where other institutions of higher education deliver comparable products
(undergraduate and postgraduate degree courses).
•  Selection materials are commercial assets of the University. Placing these materials and their
solutions into the public domain would prejudice our commercial interests.
•  Disclosure under the Act is a disclosure to the public at large and not just to the requester. It may,
therefore, be shared amongst competitor Universities. These competitors would gain an
understanding the criteria we use in our selection process and use them within their own admission
practices.
•  It is also in the public interest is to ensure that no student is disadvantaged through the sharing of
questions and other applicants do not have an advantage. Releasing these forms would potential y
give some students an unfair advantage in the admissions process.

For the reasons outlined above, the University believes that the balance lies in favour of refusing
the information at this time. This acts as our Refusal Notice.
If you are unhappy with the way we have handled your request for information, you have a right under
Section 50 of the Freedom of Information Act to ask the University to review it; however, you must do so
within 40 working days of the date of this response. Your request should include our reference number and
explain the reason for requesting a review. Email xxx@xxxxxxxxx.xx.xx or write to the Freedom of Information
Reviewer, Legal & Governance, University of Liverpool, Foundation Building, 765 Brownlow Hill, Liverpool
L69 7ZX.  We will respond to your request for an internal review within 20 working days of receipt.

Following an internal review, if you remain dissatisfied with the handling of your request, you have a right to
appeal to the Information Commissioner at The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF. Telephone:  0303 123 1113 www.ico.org.uk/foicomplaints. There is no
charge for making an appeal.

Yours sincerely

Kirsty Rothwell

Kirsty Rothwell
Freedom of Information Officer / Data Protection Co-ordinator
Legal & Governance