University of York

The complainant has requested information relating to a named individual. The University of York (the university) has relied on section 40(5B) of FOIA to refuse to confirm or deny whether it holds this information, as it believes that doing so would disclose personal data about the named individual, and that this disclosure would contravene data protection legislation. The Commissioner’s decision is that the university is not entitled to rely on section 40(5B) to refuse to confirm or deny that it holds any of the information requested. The Commissioner requires the university to confirm or deny if it holds any information within the scope of the request and, if it does, to either provide that information or issue an appropriate refusal notice. The university must take these steps within 30 calendar days of the date of this decision notice.