Uplands Community College (Education) [2022] UKICO ic-116675 (7 March 2022)
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Uplands Community College
The complainant has requested from Uplands Community College (UCC) surveys completed by parents and information about incidents. UCC disclosed some information within scope of parts 1 and 3 of the request and withheld information within scope of part 2 and the remainder of the information within scope of part 3. UCC referred to Subject Access Requests and section 40(2) of FOIA in its correspondence with the complainant and that it considered certain information to be other people’s personal data. The Commissioner’s decision is as follows: On the balance of probabilities, UCC has disclosed all the information it holds that is relevant to the 2019 and 2020 parent surveys and does not hold the raw data for these surveys. With regard to the 2021 survey UCC was entitled to redact some of the information in the ‘open question’ material it disclosed under section 40(2) of FOIA as it is other people’s personal data, and special category personal data, and it would be unlawful to disclose it. UCC was incorrect to apply section 40(2) to the entire 2021 raw data spreadsheet. With regard to part 2 of the request UCC should have relied on section 40(5B)(a)(i) of FOIA to neither confirm nor deny it held the requested information. The Commissioner requires UCC to take the following step to ensure compliance with the legislation: Disclose the information in the following columns of the 2021 parent survey Excel spreadsheet, which have not previously been disclosed or disclosed in that format: Row ID Start time Completion time The columns containing the ‘Agree/Disagree/Neither Agree nor Disagree’ information.
FOI 1:
Complaint not upheld
FOI 40:
Complaint partly upheld
Decision notice: ic-116675
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-116675.html
