Education Update - Data Protection & Freedom of Information

Published: 20th January 2010

Information Tribunal requires university to disclose course materials

In UCLAN v. Information Commissioner and David Colquhoun [EA/2009/0034] Dec 2009, the Information Tribunal has upheld a decision by the Information Commissioner that copies of course materials for the University of Central Lancashire's (UCLAN) BSc (Hons) Homeopathic Medicine degree were not exempt from disclosure under the Freedom of Information Act 2000.

The tribunal dismissed UCLAN's arguments that the course materials were exempt under section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effective conduct of public affairs).

In relation to commercial interests, the tribunal accepted that UCLAN's interests in teaching materials produced for its degree courses were "commercial", despite it being a charity, but did not agree that its commercial interests were likely to be prejudiced. This was because, among other things, competitors were unlikely to exploit the material, copyright infringements were unlikely within the academic community and publishing the course materials might in fact be a commercial advantage.