Tribunal's Conclusion- section 40(2) 131. Accordingly as regards 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. Professors Phoenix and Freedman 132. The Appellant refers specifically to Professors Phoenix and Freedman who are clearly important in the context of the relevant events and the Report. He says (A48):“...I have been in e-mail contact with Professors Jo Phoenix and Rosa Freedman. They have expressed their desire that the entire Report be made public, and they have provided their explicit consent to disclosure of any items referring to themselves: see Appendix C for details. (The Tribunal can of course verify this explicitly with them.) I will assume for the sake of argument that lawful basis (a) does not apply to any other individuals” 133. He adds that:- “Professors Phoenix and Freedman are the key subjects of the Events; the chronology of the Events becomes incomprehensible if references to them are suppressed...Disclosure of the facts about how they were mistreated by the University of Essex — a mistreatment that the University has officially recognised and for which it has officially apologised — would hardly prejudice their legitimate interests; rather, it would help to vindicate them. [I stress that this argument is presented solely on the basis of lawful basis (f). However, the two professors have also given explicit consent to disclosure: see Appendix C.]” 134. At Appendix C (page 88 of the GoA and A117 and following) is what appears to be an email from Professor Phoenix to the Appellant copied to Professor Freedman. It is dated 3 January 2022 and is headed “That Statement you need”. It starts:“..Attached is a long statement from BOTH Prof Freedman and myself supporting your request that University of Essex makes the FULL Report publicly available despite what we said in August 2021…” “We wish to state, for the record, that we want the Report to be made public in its entirety. It seems to us that the public has a right to know all the facts and evidence about the appalling things that were done to the both of us. To this end, we explicitly consent to the public disclosure of anything in the report that might be our “personal data”. The University of Essex has shared with both of 38