University of Suffolk FOI Exemption Upheld
Summary
The Information Commissioner's Office (ICO) has issued a Decision Notice finding that the University of Suffolk correctly relied on section 40(2) of the Freedom of Information Act 2000 (FOIA) to withhold information concerning student nationalities attending specific courses. The Commissioner does not require further steps to be taken.
“The Commissioner's decision is that the University has correctly relied on section 40(2) of FOIA to withhold the information.”
What changed
The ICO formally determined that the University of Suffolk lawfully withheld a breakdown of students' nationalities under section 40(2) of FOIA, which protects third-party personal information. The decision concerns a request spanning September 2016 to 7 April 2025. The finding carries no enforcement consequence and concludes the complaint.
Universities and other public authorities that receive similar FOI requests for student nationality data should note that section 40(2) provides a valid basis for withholding where the information constitutes personal data of third parties. Consistency in applying the exemption and maintaining supporting documentation of the harm test applied are advisable.
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Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
University of Suffolk
- Date 21 April 2026
- Sector Education
- Decision(s) FOI 40(2): Not upheld The complainant has requested a breakdown of students’ nationalities who attended specific courses between September 2016 and 7 April 2025. The University of Suffolk (the University) relied on section 40(2) of FOIA (third party personal information) to withhold some of the information within the scope of question 2 of the request. The Commissioner’s decision is that the University has correctly relied on section 40(2) of FOIA to withhold the information. The Commissioner does not require further steps to be taken.
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