Shubita vs Information Commissioner

This case concerned an appeal by Moade Shubita against the Information Commissioner's decision regarding a Freedom of Information Act (FOIA) request made to Leeds Becket University.

TLDR:

• Shubita appealed against the Information Commissioner's decision on a FOIA request.
• The request involved information about applicants for a university post.
• The tribunal upheld the Commissioner's decision to withhold certain information under section 40(2) FOIA.
• The university was found to have breached section 1(1)(a) FOIA but was entitled to withhold personal data.

The appellant, Moade Shubita, applied for a role as Interim Head of the Graduate School/Associate Registrar at Leeds Becket University in May 2022 but was unsuccessful. He subsequently made a FOIA request to the university on 22 March 2023, seeking information about the number of applicants, their race and gender, and other related details.

The university responded by providing some information but withheld details about the race and gender of the applicants under section 40(2) FOIA. The Information Commissioner upheld the university's decision, leading Shubita to appeal to the First-tier Tribunal.

The tribunal examined whether the university held the requested information and whether it was entitled to withhold it under section 40(2) FOIA. The university confirmed that it did not hold information on the race and gender of the applicants and had already provided the number of applicants. It also withheld CV and cover letter information under section 40(2).

The tribunal found that the university did not hold recorded information on the race and gender of the other applicants and that the CVs and cover letters were personal data. The tribunal concluded that the university was entitled to withhold this information as disclosure was not necessary for the purposes of the appellant's legitimate interests.

The tribunal noted that the appellant could pursue other routes to address his concerns about the recruitment process, such as the university's complaint process or an employment tribunal. As a result, the appeal was dismissed.

Legal representatives: Moade Shubita (in person)

Judicial Panel: Tribunal Judge Sophie Buckley, Tribunal Member Raz Edwards, Tribunal Member Dave Sivers

Case Citation Reference: [2024] UKFTT 426 (GRC)