University of Southampton (Education) [2022] UKICO 165136 (21 November 2022)
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University of Southampton
The complainant requested from the University of Southampton (the University) information concerning special considerations requests relating to examinations during January 2022 that referenced COVID-19 or Coronavirus. The University said it can neither confirm nor deny whether it holds information within the scope of questions 1 and 2 of the request, as it considered that doing so would breach the data protection principles. The Commissioner’s decision is that the University was not entitled to neither confirm nor deny that it holds the information requested. The Commissioner requires the University to take the following steps: Issue a fresh response, which must confirm or deny whether the requested information is held and, if information is held, either disclose that information or issue a valid refusal notice compliant with section 17 of FOIA. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
FOI 40(5B):
Complaint upheld
Decision notice: 165136
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URL: http://www.bailii.org/uk/cases/UKICO/2022/165136.html
