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Decision Summary

  • Case Ref: FS50245527
  • Date: 15 February 2010
  • Public Authority: University of Plymouth
  • Summary: The complainant made two requests under the Freedom of Information Act 2000 (the “Act”) to the University of Plymouth (the “University”). The first request was for copies of [named employee’s] correspondence relating to the Climate Wars TV programme, including, but not restricted to, correspondence with two named individuals. The second request was for confirmation as to whether a [named employee] was on unpaid leave of absence during the filming of this programme. The University stated that it did not hold information relating to the first request under section 1(1)(a) of the Act. It explained that the [named employee’s] involvement in the programme was in a purely personal capacity and not as an ‘employee’ of the University. The Commissioner considers that the University does not hold information relevant to the first request under section 1(1)(a) of the Act as under section 3(2)(a) the information is only held on behalf of another person. In relation to the second request, the University refused to provide this information as it stated that it was exempt under section 40(2). The Commissioner considers that section 40(2) was correctly engaged in this case. The Commissioner does however consider that the University breached section 1(1)(a), section 10(1) and section 17(1)(b) and (c) in its handling of the requests.
  • View PDF of Decision Notice: [1]