The complainant requested information held by several Universities, including Oxford University in relation to research it may have undertaken or be undertaking with primates. This included numbers and species of primates used in previous returns already provided to the Home Office along with a summary of any current research and the species being used. The public authority originally withheld the information under section 38 (health and safety) of the Freedom of Information Act 2000. During the Commissioner’s investigation it later varied this to also include section 14 (vexatious or repeated requests), section 40 (personal information) and section 43 (commercial interests). The public authority subsequently withdrew its reliance on sections 14 and 40(2). Following a partial disclosure during the course of his investigation, the Commissioner finds that the second part of the request was met in full. In respect of the first part of the request the Commissioner finds that sections 38 and 43(2) are not engaged. The complaint is therefore partially upheld. The Commissioner further finds that the public authority breached sections 1(1)(b), 10(1) and 17(1)(a)(b) and (c).
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 38 – Complaint Partly Upheld, FOI 43 – Complaint Partly Upheld
Citations:
[2009] UKICO FS50160902
Links:
Jurisdiction:
England and Wales
Information
Updated: 18 April 2022; Ref: scu.532006
