Durham SU election, emails from uni

Waiting for an internal review by Durham University of their handling of this request.

Dear Durham University,

Dear Durham University,

Please provide the following information under FOI.

1) Any email, sent or received between 01/02/20 and 11/03/20 by the following email addresses, which contains any of the following words ‘RON, Re-Open Nominations, Re Open Nominations, Election.

[email address]
[email address]
[email address]

Please note I require the above where the words are spelled in lower or upper case or a mixture of both. For example, the word Election would also mean election or ELECTION.

2 Any email, sent between 01/02/20 and 11/03/20 by the following email address, which contains any of the following words ‘RON, Re-Open Nominations, Re Open Nominations, Election.

[email address]

Please note I require the above where the words are spelled in lower or upper case, or a mixture of both. For example, Election also means election or ELECTION.

While I believe an argument may be made that the Durham SU itself is not subject to FOI, the University is, and it is the University which provides emails addresses. Therefore, the university holds the data requested.

Yours faithfully,

John

John Snaith

ACCESS I., Durham University

Dear Mr Snaith

Freedom of Information Request

I acknowledge receipt of your email below requesting information from Durham University.

Please be advised that the University will respond as soon as possible and in any event within 20 working days.

Yours sincerely,

Information Governance Unit
Durham University

Information Governance Unit, University Secretary’s Office
t: +44 (0) 191 334 6103/46246  e: [Durham University request email]

CONFIDENTIALITY NOTICE:
This message is intended solely for the addressee(s) in the first instance and may contain confidential information. If you are not the intended recipient, please notify the sender, delete the message from your system immediately and do not disclose the contents to any other party.

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ACCESS I., Durham University

Dear John Snaith

 

Thank you for your request for information from Durham University. 
Colleagues have provided the information below in response to your
questions.

 

1)              Any email, sent or received between 01/02/20 and 11/03/20
by the following email addresses, which contains any of the following
words ‘RON, Re-Open Nominations, Re Open Nominations, Election.  

 

[1][email address]

[2][email address]

[3][email address]

 

Please note I require the above where the words are spelled in lower or
upper case or a mixture of both. For example, the word Election would also
mean election or ELECTION.

 

2)              Any email, sent between 01/02/20 and 11/03/20 by the
following email address, which contains any of the following words ‘RON,
Re-Open Nominations, Re Open Nominations, Election. 

 

[4][email address]

 

Please note I require the above where the words are spelled in lower or
upper case, or a mixture of both. For example, Election also means
election or ELECTION.

 

Durham University provides email accounts to Durham Student Union, to
carry out the business of Durham Student Union.  The individuals you have
requested information from are not employed by or work on behalf of Durham
University; they are part of Durham Student Union which is a separate
organisation and is not a Pubic Authority as defined by the Freedom of
Information Act 2000 and is therefore not obliged to provide the
information you have requested.

 

Durham University does not routinely search email accounts of users and
would have no legitimate reason to do so in this case.

 

If you are dissatisfied with the University’s response to your freedom of
information request, you can ask us to internally review our handling of
your request, including the application of any exemptions applied.  To do
this, please email [5][Durham University request email] or write to:

 

Information Governance Unit

The Palatine Centre

Stockton Road

Durham

DH1 3LE          

 

Please state the grounds on which you wish the decision to be reviewed and
enclose any other information that may be useful in considering the matter
further.  We aim to inform you of our decision within 20 working days from
the date your request for internal review is received.

 

If you are not satisfied with the results of the internal review you may
apply to the Information Commissioner's Office for an independent review.

 

Information Commissioner's Office

Wycliffe House

Water Lane                                                  

Wilmslow

Cheshire

SK9 5AF

[6]www.ico.org.uk

 

Yours sincerely

 

Information Governance Unit

Durham University

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Information Governance Unit, University Secretary’s Office

e: [7][Durham University request email]

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Dear Durham University,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Durham University's handling of my FOI request 'Durham SU election, emails from uni'.

Durham has a responsibility as defined by s22 Education Act 1994 in relation to the Durham SU. So too, the SU provides functions, as defined in the Education Act 1994, in relation to the University, a public authority. When combined with the fact the information requested is held by the University of Durham by virtue of providing email facilities to the SU, I believe, make the emails subject to foia.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

John Snaith

ACCESS I., Durham University

Thank you for your email.

 

Durham University is closed and will re-open on Wednesday 15th April
2020.  This account will not be monitored during this period.

 

 

Dear Durham University,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Durham University's handling of my FOI request 'Durham SU election, emails from uni'.

Further to my previous email in relation to my request for an internal review.

A reason was listed for refusal- ' The individuals you have
requested information from are not employed by or work on behalf of Durham
University'. In actual fact, in relation to Kate Mcintosh, she is listed as an ex-officio member of Council, the Senate, Finance Committee, Governance and Nominations Committee, Ethics Advisory Committee and University Strategy Implementation Committee.

Please see below link re the above.
https://www.dur.ac.uk/committees/council....
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

John Snaith

Luke Nash left an annotation ()

The information asked for here is likely exempt under ss. 40 and 41 of FOIA.

Particularly read s. 41(1) of the FOIA--
"Information is exempt information if—
(a) it was obtained by the public authority from any other person (including another public authority), and

(b). the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person."

If the University could provide the information it would likely breach the confidence of the SU.

ACCESS I., Durham University

Dear John Snaith

 

We have reviewed our response to your request and we make the following
comments.

 

The request you submitted related to emails sent by the individuals as
part of the work they were carrying out on behalf of Durham Student Union
which is a separate organisation to Durham University. 

 

Therefore we do not propose to make any changes to our response to your
request.

 

Yours sincerely

 

Information Governance Unit

Durham University

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Information Governance Unit, University Secretary’s Office

e: [1][Durham University request email]

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Please use this email address for all replies to this request:

[4][FOI #654755 email]

 

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References

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Dear Durham University,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Durham University's handling of my FOI request 'Durham SU election, emails from uni'.

I require a proper internal review to be conducted as opposed to the response provided.

I note this response did not advise me of my rights to appeal to the information commissioner.

Additionally I require the university complaints procedure.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

John Snaith