when the issues under review have such a high profile and raise passionate responses.  it will invariably be the case that the more people that take part in such investigations (at UoE, other universities or elsewhere) by providing their views and sharing at times personal thoughts with confidence the more instructive and beneficial is the outcome and the recommendations- which is clearly in the public interest. 99. On this basis we are satisfied that UoE, if it disclosed the material obtained in confidence, would fail in a public interest defence if it chose to disclose such information without the permission of the confider. 100. In our view the Respondents have shown that the section 41 FOIA exemption was properly engaged and that UoE would not have had a defence to any action against them for breach of confidence. 101. As regards section 41 FOIA and this element of the Appeal it is therefore our Decision that that DN was in accordance with the law and the IC exercised its discretion properly. Tribunal Review -section 40(2) Special Category of Personal Data 102. Not all redactions in the Report relied upon section 41 and so we have gone on also to consider section 40 and the question of the processing of personal data. 103. We considered first any special category data as defined by Article 9 GDPR. As set out above (and to summarise) an absolute exemption applies where disclosure of personal data would contravene any of the data protection principles. Article 5(1)(a) GDPR requires processing to be lawful. Where personal data is special category data its disclosure is prohibited unless permitted by one of the grounds set out in Article 9(2) such as there being explicit consent. 104. The IC in the DN (A11) says that:- “Having viewed the withheld information, the Commissioner finds that at least some of that information could be categorised as special category data. He has reached this conclusion on the basis that it broadly concerns a person’s/people’s religious or philosophical belief, sex life or sexual orientation. He has also noted that in, its submission, the University has said that input and discussions in the report could naturally extend into political and philosophical belief, sexual life or health, whether directly stated or simply inferred.” 28