University of Kent

The complainant has requested a copy of an investigation report and copies of emails sent to students. The above public authority relied on section 31 of FOIA (law enforcement) to withhold the investigation report and section 40(2) of FOIA (third party personal data) to withhold part of the emails. The Commissioner’s decision is that the investigation report engages section 31 of FOIA and the balance of the public interest favours maintaining this exemption. He considers that the public authority should have relied on section 40(5B) of FOIA and refused to confirm or deny that it held any emails. The Commissioner does not require further steps to be taken.