95. Firstly, in our view, the evidence shows that UoE and then the IC considered
this question carefully, seriously and in detail and having regard to the
appropriate legal authorities and the Guidance.
96. We also had regard to the authorities relating to Articles 8 and 10 ECHR and
noted that the section 41 test has a presumption that the public interest in
maintaining confidentiality will prevail unless the public interest in disclosure
outweighs it.
97. We agree that there would be public interest defences available to UoE if
challenged after making an unauthorised disclosure of this information. For
example we agree that there is a public interest in openness and transparency
generally. We also accept that there is considerable interest in the issues that
form the background to this Appeal. We agree that the events were widely
debated in the public arena. We agree that the issues impacted important
issues of freedom of speech and expression on campus and more widely. We
also agree that there is public interest in protecting academic freedom.
98. However in our view these public interests are reduced in weight because for
example:
a considerable amount of the Report has been published.
the Report, whilst commissioned by a university, was not academic research in
the usual sense. It was the outcome of an investigation for UoE into how UoE
had dealt with and should have dealt with the situation it faced to enable it to
be in a better position if such issues arose in the future and to respond to
concerns raised in some quarters in its own community and more widely.
the 28 recommendations are a vital part of the Report. Here (from E568) we
saw no redactions which reduced the advice being given or rendered it less
comprehensible (and in any event we consider one of the redactions to have
been special category material).
releasing more of or all the closed information would result in people having
more information but in this case it would not in our view add enough extra
knowledge to override the obligation of confidence.
a redacted version had been published and the public interest could be
satisfied by that publication and the steps UoE had taken.
there is a public interest in ensuring that when people are asked to take part in
such investigations in the future by UoE or more widely they have the
necessary trust in the confidential nature of the process (as explained to them
or expected by them) that they decide to be involved. This is especially so
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