The complainant has requested information related to the fire safety of the Copper Building in Derby from the University of Derby (the university). The university refused to provide some of the requested information, citing regulations 12(5)(a)(public safety), 12(4)(b)(manifestly unreasonable), 12(5)(e)(commercial confidentiality) and the exception for third party personal data of the EIR which it later partly withdrew. The Commissioner’s decision is that the university has not demonstrated that either regulation 12(5)(a) or 12(4)(b) of the EIR are engaged. The university also failed to provide adequate advice and assistance to the complainant regarding regulation 12(4)(b), contravening regulation 9. The Commissioner has decided that regulation 12(5)(e) is only engaged in relation to part four of the request where the public interest favours maintaining the exception. The Commissioner has also concluded that the third party personal data the university sought to withhold under regulation 13 has been cited inappropriately, except in part. He has decided that no further information is held regarding parts one and three of the request, on the balance of probability. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: – Part one of the request – disclose all the remaining information withheld by the university under regulation 12(5)(a) and 12(5)(e). This includes personal data with the exception of personal contact details which were correctly withheld under regulation 13. – Part two of the request – Issue a fresh response that does not rely on the exception at regulation 12(4)(b) of the EIR. If necessary, provide the complainant with appropriate advice and assistance with regard to the requested information that can be provided, to enable him to make an appropriately refined request. – Part three of the request – Disclose the names of those individuals acting in a professional capacity, either for the university or third party organisations. Any personal contact details and signatures should not be disclosed as they were correctly withheld under regulation 13. Additionally, disclose the information withheld under regulation 12(5)(e).
EIR 9: Complaint upheld EIR 12(5)(a): Complaint upheld EIR 12(4)(b): Complaint upheld EIR 13: Complaint partly upheld EIR 5(1): Complaint not upheld EIR 12(5)(e): Complaint partly upheld
Citations:
[2022] UKICO ic-107446
Links:
Jurisdiction:
England and Wales
Information
Updated: 07 July 2022; Ref: scu.678241
