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FOI 67
Written evidence from Universities UK
Executive summary
1. Higher education institutions recognise and strongly support the need for opennessand transparency and are working proactively in many ways to support this across allof their activities. UK universities are, for example, at the forefront of developments tosupport open access to research findings and better, more accessible, information forstudents.2. The Freedom of Information Act (FOIA) places additional requirements on universities,which are defined as ‘public authorities’ for the purposes of this legislation. Highereducation institutions have worked to effectively comply with the FOIA but there areincreasing concerns about the application of this legislation in a higher educationenvironment. This is for a number of reasons:
•
Higher education institutions are mostly charities and autonomous bodies thatoperate in a highly competitive international environment. The nature of funding tothe sector is changing significantly, with the largest proportion now coming fromprivate sources on a competitive basis. The emergence of a market-based sectorraises the question of whether FOI legislation, as currently applied, is the mosteffective and efficient mechanism to support openness and transparency in thisnew environment.
•
Current government policy for higher education is also encouraging greatercompetition and diversity of provision from new providers that are not currentlysubject to the FOIA. Competition can only be fair and effective if all institutions areoperating on a level playing field, subject to the same regulations.
•
Evidence from individual institutions points to an increasing complexity of requestsand substantial costs being borne in complying, especially where all costs cannotbe claimed.
•
Universities undertake a significant amount of the UK’s research. Across a number
 
2of measures this is second only to the United States in its quality. This research iscurrently subject to the FOIA, and early release of research findings and data canhave potentially serious implications for the quality and reputation of UK research,universities’ competitive position nationally and internationally, and relationshipswith commercial partners.
•
In a higher education environment the FOIA can come into direct conflict with otherlegislation, such as the Animals (Scientific Procedures) Act and the Data ProtectionAct. In the increasingly marketised higher education environment, we also haveconcerns regarding the application of the FOIA in relation to competition law.3. While further advances in openness and transparency in higher education are to beencouraged, the changing nature of the sector means that the FOIA as it is applied in auniversity context is now in urgent need of review.
Recommendations
We seek the Committee’s support for the establishment of an independent review thatwould consider the application of the FOIA to a changing higher education sector. This willensure that studies currently examining a number of the issues raised in this submissioncan inform decisions made in this area.Notwithstanding the establishment of an independent review, we believe the followingissues need to be addressed:
•
The question of how the FOIA should be applied to a more diverse set of highereducation providers needs resolving as a matter of urgency. We seek the advice ofthe Committee on how this should be dealt with as part of the new regulatoryframework for higher education, currently being developed by the Department forBusiness, Innovation and Skills.
•
Universities UK proposes that the Committee should reconsider the definition ofactivities that could be charged for and count towards the exemption where cost ofcompliance exceeds the appropriate limit.
•
Further advice and guidance on how the FOIA interacts with other legislation in ahigher education context is required.
•
Universities UK seeks greater clarity on whether higher education institutions couldbe treated in the same way as other organisations
 
under the FOIA that have strongcommercial interests.
 
3
•
We seek the Committee’s support for the introduction to the FOIA of a limitedexemption for pre-publication research.
•
Universities UK calls on the Information Commissioner’s Office to clarify existingguidance about the application of current exemptions to research.
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