together information to identify individuals but it highlighted that they actually
would take the time to do so”
(d) we accept Mr Morris' evidence that the review of the Report for these
purposes was carried out on a line by line basis and meticulously. We note
that in so doing he was aware of the need to ensure redactions were limited to
that needed to “render the individual unidentifiable, whenever this can be done.”
(e) in our view UoE were right to be on high alert to the issues that could well
arise for individuals if their personal data in the Report was to be disclosed.
(f) from the evidence we concluded that UoE properly considered the personal
data in the Report by reference to the data protection principles and in
particular the need for any disclosure to be lawful (by reference to Article 6(1)
(f)), fair and transparent as regards the data subject impacted in each case.
(g) we accept UoE’s submission on fairness as set out at page A192 para 61
where the relevant personal data had been obtained in the manner described.
(h) we agree that the Appellant was pursuing a legitimate interest.
(i) we accept the Appellants submission that (f) “there is a pressing social need to
know the details of the Events that took place at the University of Essex that are
recounted in the Report...”
(j) it was not necessary for these purposes for the redacted personal data in
the Report to be disclosed because the legitimate interest was satisfied by the
publication of the Report in its redacted form which included importantly the
recommendations (from E569).
129. We carried out a review of the Report and Table to verify the use of section
40 by UoE and having regard for example to the classes of data identified by
the Appellant and the other submissions. From our review the data redacted
in reliance on section 40(2) FOIA in the Report is personal data. Appropriate
levels of redaction were applied to prevent the identity of individuals being
discoverable. There was at least one example (paragraph 22 on page 8) where
we wondered whether a slightly lesser redaction would have still afforded
enough protection but we were satisfied that UoE had considered this carefully
and we could see that lesser redaction would have presented a risk of
disclosure.
130. Even if we had been of the view that disclosure was necessary for the
purposes of the legitimate interest it would have been our conclusion that
those interests were “overridden by the interests or fundamental rights and
freedoms of the data subject which require protection of personal data”
37