FOI_24-128 Pro-Palestine protest activity

Date of response:  07 June 2024 

We have now considered your request of 10 May 2024 for the following information:

Please can you provide the following information pertaining to the response to any and all protest activity - including but not limited to verbal or written statements, flyering, picketing, waving of banners, and encampments - by staff and students at your university in opposition to Israel’s military actions in Palestine: 

Question 1. The number of students facing or who have faced disciplinary action in connection with pro-Palestine protest activity since 1 October 2023. Please break these figures down by: 

a)    The date disciplinary action was taken 
b)    Reason for disciplinary action 
c)    The outcome of the disciplinary action  
 
Question 2. The number of staff facing or who have faced disciplinary action in connection with pro-Palestine protest activity since 1 October 2023. Please break these figures down by: 
a)    The date disciplinary action was taken 
b)    Reason for disciplinary action 
c)    The outcome of the disciplinary action  

Our response:   

When an individual is suspected of breaching the University's General Regulations or Staff Disciplinary Procedures then these procedures maybe invoked.   ‘Protest activity’ regardless of its focus is not a breach of the General Regulations or Staff Disciplinary Procedures.   Therefore, the University hold no data where a student or staff member faced disciplinary action for breaching these procedures specifically for ‘pro-Palestine protest activity’.  

The University does hold data where staff or student disciplinaries (pending or completed) contain(s) information in ‘connection with’ pro-Palestine protest activity.   The numbers of staff and students facing or have faced disciplinary action ‘in connection’ with pro-Palestine activity is <5 and therefore on this occasion, it is not possible to provide all the requested information. The Act contains a number of exemptions that allow public authorities to withhold certain information from release.  For further information please see the below exemption text.  

Question 3. The number of Prevent referrals made in relation to students involved in pro-Palestine protest activity on your campus since 1 October 2023. Please specify the date of each referral. 

Our response:   

Zero. 

Question 4 The number of students involved in pro-Palestine protest activity whose personal data has since 1 October 2023 been: 

a)    Requested by the police in connection with their protest activity 
b)    Shared with the police in connection with their protest activity 

For all requests disclosed in response to Q4a, please provide a copy of any completed forms submitted by the police to your university to request a student’s personal details. I understand these documents may need to be redacted for personal information but please note that the time taken for redactions does not normally contribute towards the cost limit. 

Our response:  

a.    Zero
b.    <5 

On this occasion, it is not possible to provide the exact number of students involved in pro-Palestine protest activity whose personal data has since 1 October 2023 been shared with the Police.  The Act contains a number of exemptions that allow public authorities to withhold certain information from release.  For further information please see the below exemption text.  

The Act contains a number of exemptions that allow public authorities to withhold certain information from release.  We have applied the following exemption to question 1, 2 and 4b of your request:  

        
Information about any disciplinary action that may or may not have been applied or taken by the University against an employee or student and the exact number of students involved in pro-Palestine protest activity - whose personal data has been shared with the Police - would constitute the personal data of these living individuals, as defined by article 4(1) of the UK General Data Protection Regulation (GDPR). 

When a request is made under FOIA for information that includes personal data we are required to consider whether disclosing those data would breach the data protection principles contained within Article 5(1) of the GDPR.  

In considering a disclosure under FOIA, the University must also consider that any information released under the Act will be placed in the public domain, through our own disclosure log or by other means.  

On this occasion the number of students and staff facing or who faced disciplinary action and the number of student’s personal data shared with the Police, in connection with pro-Palestine protest activity, during the requested period, was low (<5) and this increases the risk that any suspected party/parties will be identifiable. Whilst we are unable to give the exact dates, reasons and outcomes; because this would make these parties identifiable, these would have/are taking place in the first quarter of 2024.  

The complainant/reporter would of course be aware of the circumstances but may not be aware of any details of the exact reason/outcome for disciplinary action, that may or may not have been applied to those involved. Others who were in some way connected to the circumstances or investigation of the complaint/report, and/or who are connected to the accused party/parties may also not be aware of the exact reason/outcome for disciplinary action that may or may not have been applied to those involved.   We believe therefore that disclosing the information requested would risk revealing personal data about the accused party/parties.  We have followed the Information Commissioner’s guidance in assessing whether it is fair to disclose this information under FOIA. This involves considering the nature of the information, the expectations of and potential harm (of disclosure) to the data subjects, and how any legitimate public interest in this information is balanced against the rights and freedoms of the data subjects.   

This information is not made publicly available. The data subject(s) would not have had a reasonable expectation that this information would be made public, either now or at the time the information was created. Additionally, we have not identified a lawful basis that would allow or require us to disclose this information. We have therefore concluded that disclosure of this information would be in contravention of the GDPR.