FOI-5-21  

Date: 7 January 2021 

Summary:  

Benchmarking Study of Universities Worldwide- Vice-Chancellor’s Personal Objectives  

Request:   

Please can you confirm if any of the following are included in your Vice Chancellor’s* personal objectives: 

(*or equivalent title/role) 

I would also be grateful if you could direct me to where I might find your VC’s objectives on your website. 

Response:  

In accordance with section 1(1)(a) of the FOI Act, I can confirm that the University does hold the requested information. 

I have decided to withhold the requested information in full in accordance with section 40(2) of the FOI Act. 

Section 17 of the FOI Act provides that: 

17. Refusal of Request 

17.—(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which—  

(a) states that fact, 

(b) specifies the exemption in question, and 

(c )states  (if that would not otherwise be apparent) why the exemption applies. 

Section 40 of the FOI Act provides that:   

40. Personal Information  

40. (1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.   

(2). Any information to which a request for information relates is also exempt information if:  

(a) It constitutes personal data which does not fall within subsection (1)... 

Section 40 of the FOI Act provides an exemption from the right to information if it is personal data. Information should not be disclosed under the FOI Act if:  

• It is the personal data of the requester (Applicant); or (S40 (1)). 
• It is personal data of someone else. (S40 (2)). 

“Personal Data” means any information relating to an identified or identifiable living individual.  

“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to: 

• An identified such as a name, an identification number, location data or an online identifier, or 

• One or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual. 

In many cases, it will be clear whether the information is personal data. However, there will be other cases, particularly if individuals are not directly referred to by name, where the University will need to consider the terms of the definition carefully.  

The application of Section 40(2) is appropriate given that the requested information is personal to the Vice-Chancellor of this University and not publicly available.  

If the requested information is the personal data of someone other than the Applicant (which is the case here), the exemptions under Section 40(2) of the FOI Act may be engaged. When applying this exemption, and withholding disclosure the University has balanced the right of access to information versus the right to privacy.   

Information pertaining to the whole of your request for information has been withheld from disclosure in accordance with Section 40(2) of the FOI Act. When considering the likely consequences of disclosure in this case, it is apparent that the requested personal information must not be used in a way that will have an unjustified adverse effect on the individual (to whom the information relates).   

The University is satisfied that there would be adverse consequences as a result from any disclosure which would relate to your request for information.   

Therefore, it is entirely reasonable and appropriate to withhold disclosure in accordance with Section 40(2) of the FOI Act.