Staffordshire University (Education) [2021] UKICO ic-93910 (28 October 2021)
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Staffordshire University
The complainant requested the names of external examiners and an evaluation report associated with particular courses of study. The Board of Governors of Staffordshire University relied on section 40(2) of the FOIA (third party personal data) to withhold the names of the external examiners and sections 36 (prejudice to the effective conduct of public affairs) and 43 (commercial interests) of the FOIA to withhold the report. The Commissioner’s decision is that the report engages section 36(2)(b)(ii) of the FOIA and that the public interest favours maintaining the exemption. Whilst she accepts that the identities of external examiners are their personal data, she considers that there is a lawful basis for processing this data and therefore the University is not entitled to rely on section 40(2) of the FOIA to withhold the information. The Commissioner requires the University to take the following steps to ensure compliance with the legislation: disclose, to the complainant, the list of external examiners.
FOI 36:
Complaint not upheld
FOI 40:
Complaint upheld
Decision notice: ic-93910
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-93910.html
