Keele University

The complainant made four requests for information about the employment and research activities of a particular professor. The Governing Body of Keele University provided some information, stated that it did not hold some of the requested information and relied on section 40(5B) of the FOIA (third party personal data) to neither confirm nor deny holding information within the scope of the request. It later dropped its reliance on section 40(5B), disclosed some further information but withheld the remainder, relying on section 40(2) of the FOIA (third party personal data) to do so. The Commissioner’s decision is that the University is entitled to rely on section 40(2) of the FOIA to withhold the remaining information. However as the University failed to confirm or deny holding information within the scope of requests 1 and 4 within 20 working days, it breached section 10 of the FOIA. The Commissioner does not require further steps.