Information relating to Philip Morris request

Tom Hodder made this Freedom of Information request to University of Stirling

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear University of Stirling,

Please provide all correspondence referring to the Philip Morris request as described at: http://www.bbc.co.uk/news/uk-scotland-ta...

I'm not looking for the data, simply correspondence between your FOI team, academics within the University, your legal advisers and Philip Morris themselves.

I prefer electronic documents.

Yours faithfully,

Mr Hodder

Dear University of Stirling,

Can I check you received my request? Usually it's followed up by an acknowledgement email.

Yours faithfully,

Tom Hodder

Freedom of Information Unit, University of Stirling

Dear Mr Hodder

I acknowledge receipt of your request.

Freedom of Information unit

show quoted sections

Dear Freedom of Information Unit @ Stirling,

A short reminder that this request will legally be due in a weeks time.

Yours sincerely,

Tom Hodder

Freedom of Information Unit, University of Stirling

Dear Mr Hodder
 
I am responding to your request under the Freedom of Information Scotland
Act for:
 
     “all correspondence referring to the Philip Morris
     request as described at:
     [1]http://www.bbc.co.uk/news/uk-scotland-ta...
 
     I'm not looking for the data, simply correspondence between your
     FOI team, academics within the University, your legal advisers and
     Philip Morris themselves.”
 
 
Eight further messages will follow this one, containing the information
you have requested.
 
I confirm that the University holds further information covered by the
wording of your request, comprising email correspondence between
University officers and between the University and its legal advisers that
formed part of the University’s processes of deliberation about this
matter.  We are withholding this information under Section 30(b)(ii) of
the Freedom of Information Scotland Act.
 
Further information about this particular exemption is provided at the end
of this message.
 
Right to request a review under FOISA
 
You have a right under FOISA to request a review of this decision. If you
wish to exercise this right, you must request a review within forty
working days. Your request must be in writing and you must specify your
name and address for correspondence. You must also identify the decision
that you wish to be reviewed. Should you wish to request a review, please
address your correspondence to: Freedom of Information, University of
Stirling, Stirling, FK9 4LA, or via this email address. Your review will
be undertaken by staff not involved in the original decision-making
process.
 
Your right to an appeal
 
If you are dissatisfied with the outcome of any review, you have a right
under section 47 of FOISA to appeal to the Scottish Information
Commissioner. If you wish to do so, you must appeal within six months
following the date of receipt of a review notice.
 
The Commissioner’s contact details are:
 
The Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Email: [email address]
Tel: 01334 464610
 
 
Yours sincerely
 
Alastair Work
Academic Registrar
 
Notes on Exempt data:
 
Section 30(b)(ii) - free and frank exchange of views for deliberation
 
Section 30(b)(ii) of FOISA provides that information is exempt from
disclosure it its release would, or would be likely to, inhibit
substantially the free and frank exchange of views for the purpose of
deliberation. As it is a qualified exemption, the public interest test
must also be applied.
 
The information withheld under this exemption relates to internal
discussions within the University on sensitive matters, where disclosure
of this information would have the effect of substantially inhibiting such
discussions in the future, for example, internal discussions in email
exchanges and elsewhere.
 
To enable the University to perform effectively in terms of its management
decision-making, it is necessary for those involved in discussing
sensitive issues to feel that they can do so freely and frankly. The
absence of such a private space would impact adversely on that
decision-making process and on the quality of decisions.
 
In applying this exemption to certain information falling within the scope
of your request, the University has applied the harm test of substantial
inhibition that would be caused by the disclosure of information. In this
context, we have taken account of the circumstances in which views were
being exchanged and the sensitivity of the issues under consideration. We
are satisfied that, in the given circumstances, those who were exchanging
views in the context of the decision-making process would be inhibited in
similar circumstances in the future from expressing their views in a free,
frank and uninhibited matter.
 
The exemption in section 30(b)(ii) is qualified by a public interest test.
We consider that it is in the public interest for the University to be
able to consider the issues raised in the information you have requested
in a private space in order that it can operate effectively and that
management decisions are made on the basis of the best information
available, including obtaining honest opinions from those discussing the
issues arising. We recognise that there is a public interest in the
University operating as openly as possible, as a body in receipt of public
funds. However, we consider that, in the circumstances of this case, the
public interest in a publicly funded University operating effectively and
efficiently overrides the public interest in the University’s
deliberations in relation to the decisions in the given circumstances
being carried out entirely in the public domain.
 
 
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

References

Visible links
1. http://www.bbc.co.uk/news/uk-scotland-ta...

Freedom of Information Unit, University of Stirling

5 Attachments

Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

5 Attachments

 
Attached.
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

2 Attachments

Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

5 Attachments

Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

5 Attachments

 
Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

5 Attachments

Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

5 Attachments

Attached
 
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.

Freedom of Information Unit, University of Stirling

4 Attachments

Attached
 

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The Sunday Times Scottish University of the Year 2009/2010
The University of Stirling is a charity registered in Scotland, number SC
011159.