ICO Decision: University entitled to withhold student data

ICO Decision Notices

Filed March 6th, 2026

Detected March 10th, 2026

Summary

The UK's Information Commissioner's Office (ICO) issued a decision finding that Ulster University was entitled to withhold student enrolment data under commercial interests provisions of the Freedom of Information Act. The complainant's request was not upheld, and no further steps are required.

View original document View source feed page

What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC-393467-L1Q9) regarding a Freedom of Information request made to Ulster University. The complainant sought information on student enrolment at partner institutions. The University refused to disclose the data, citing section 43(2) of the Freedom of Information Act (FOIA) concerning commercial interests. The ICO has ruled that the University was entitled to rely on this exemption, meaning the complainant's request is not upheld.

This decision confirms that educational institutions may be able to withhold certain commercial or sensitive data under FOIA exemptions. For compliance officers in the education sector, this reinforces the importance of properly assessing requests against FOIA exemptions, particularly section 43(2), and documenting the rationale for withholding information. As no steps are required by the University, there are no immediate compliance actions or deadlines stemming from this specific decision, but it serves as a precedent for handling similar requests.

Source document (simplified)

University of Ulster

Date 6 March 2026
Sector Education
Decision(s) FOI 43: Not upheld The complainant requested information about student enrolment at partner institutions of Ulster University. The University refused the request under section 43(2) of FOIA (commercial interests). The Commissioner’s decision is that the Council was entitled to rely on section 43(2). No steps are required.