The University Council Birkbeck

In two requests, the complainant has requested the number of graduates achieving particular grades in three MSc courses, and ethnicity information about those graduates, across two years.  Birkbeck, University of London (‘Birkbeck’) released relevant information having anonymised some of it under section 40(2) of the FOIA (personal data).  The complainant said he has not received all the information he requested and disputes Birkbeck’s reliance on section 40(2). The Commissioner’s decision is as follows: Birkbeck is entitled to rely on section 40(2) of the FOIA to withhold information within the scope of request 1 and request 2 as the information constitutes the personal data of third persons. Birkbeck breached section 10(1) as it did not communicate to the complainant all the information it holds that is relevant to request 1 within the required timescale. The Commissioner does not require Birkbeck to take any remedial steps.