(para 87) the circumstances did impart an obligation of confidence noting for
example the IC’s view that:a. the subject of the Report was sensitive
b. a blog dated 28 August 2020 stated “All feedback will be kept confidentially, and
the names of identifiable contributors or others named not disclosed, unless
required to do so by law”.
c. that “the individuals who were interviewed as part of the independent review
would have had the reasonable expectation that the information they were
providing would not be disclosed to the world at large in response to a
request under FOIA.”
d. that “it would have been reasonable for those individuals to assume that the
University would treat the information confidentially”.
e. that “through engaging with the report’s author, individuals provided the
University with the information in circumstances importing an obligation of
confidence.”
(para 89) disclosure would be contrary to the confiders reasonable
expectations of confidentiality being maintained as regards their private
information and that therefore disclosure would cause detriment.
84. The IC (A17) set out in the DN its review and conclusion on whether UoE would
have had a public interest defence. Arguments for included:
the general public interest in public authorities being open and transparent
the significant public interest in the relevant events and the wider context
the public interest in academic freedom and freedom of expression
85. Arguments against cited by the IC included that:
a redacted version had been published and the public interest could be
satisfied by that publication and the steps UoE had taken
UoE had been open about the issues, had made a self report to the Office for
Students, had issued statements and given apologies and that UoE took the
view that providing the withheld material would not add anything
86. The IC said (A18):-
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