FOI_24-327 Data driven decision
Date of response: 07 January 2025
We have now considered your request of 20 November 2024 for the following information:
The phrase "data-driven decision" has been used multiple times in this context, yet I have not seen any data or analysis that substantiates this claim. Given that the UEA has not yet agreed on an actionable Data Strategy, I am concerned that the robustness of the data being relied upon may not meet the standard required to support such significant decisions, particularly in forming the legal basis for redundancies. In the interest of transparency and collaboration, I kindly request that this data be published in a manner that allows for thorough scrutiny, including input from both the Unions and staff members directly affected by these decisions.
Our response:
One of the aspects of data the University have used in its data-driven decision is the student/staff ratio. This information is publicly available at an aggregate level and can be found on the Higher Education Statistics Agency webpage. We have also used data, which is at a more granular level, this information is not in the public domain and has been exempted for commercial reasons as outlined below.
We can confirm that the information being requested is held by the University. We regret that on this occasion it is not possible to provide the requested information.
In line with section 17 of the Act, this response acts as a Refusal Notice. The Act contains a number of exemptions that allow public authorities to withhold certain information from release. We have applied the following exemption to your request for the analysis and data behind the phrase ‘data-driven decision’.
| Exemption | Reason |
|---|---|
| s.43(2) Prejudice to commercial interests | Disclosure of information would prejudice the commercial interests of a person as defined by the Act |
It is our belief that release of this information would be likely to prejudice the commercial interests of the University.
The Information Commissioner’s Office has established a multi-criteria test for assessing whether a section 43(2) exemption applies. The first criterion is whether the information relates to, or could impact on, a commercial activity. The first-tier tribunal (Information Rights) has conclusively stated that universities despite their charitable status, do engage in commercial activities. The commercial activity here is the monitoring and evaluation of financial performance and effectiveness of the University against market trends to make informed data-driven decisions about the University’s future sustainability in a time of financial crisis. The data linked to the phrase ‘data driven decision’ holds commercial value since it reveals the data and methods of analysis adopted by the University in producing effective plans to secure its future during a time of financial crisis. These data forecasts are analysed specifically to create sustainable reorganizational structures and plans which will benefit the University in the longer term. More than 70 Universities across the UK are in financial crisis, this crisis is at such a stage where some Universities may have to close. The University is currently in a live consultation with staff and Trade Unions in bid to sustain its future, and it is at this critical time that the University must not put anything in the public domain which will hinder or sabotage their future vision to succeed financially, it would be both commercially and reputationally damaging to do so.
The information requested is specifically linked to a live consultation and is utilised to create data driven activities which are directly used to create future sustainable financial plans, strategies relating to; reorganizational structures, marketing, advertising, student recruitment and admissions, tendering and procuring, research and innovation, and key commercial funding streams all of which will go towards the Universities future survival. Without these the University will cease to survive. The way in which we choose to carry out our data driven decisions is unique; data driven strategies and financial analysis are a core element of commercial activity of the University which is critical to maintaining our ability to compete on a level playing field. At this critical point the information holds significant reputational and financial value, such that its disclosure would significantly harm the university.
The second criterion is whether the commercial activity is conducted in a competitive environment. The Higher Education market is highly competitive with over 160 institutions competing to recruit high quality students and staff, research funding and accreditation. Over 70 Universities are in financial crisis, all of whom are competing for survival. The way in which we choose to deploy our business intelligence to monitor, analyse and evaluate financial performance and effectiveness to create our future strategy and plans, maintains our competitive position in the Higher Education market and these activities are undoubtedly a commercial activity.
The next criterion is whether the information is commercially sensitive. Financial data driven decisions and the data linked to these activities are classified as confidential this is because the information contains commercially sensitive information which will be useful to our competitors. Significant resources are devoted to ensuring the investments we place in any of our financial activities across the University, are undertaken efficiently, effectively and in accordance with the appropriate frameworks, which are all major contributory factors in our ability to compete successfully in the market. The data we utilise to create a financial sustainable future contains information about the manner in which we conduct our financial activities to survive in years to come, all of which impacts on our ability to maintain healthy ongoing buyer-supplier relations; admissions and recruitment; research and innovation.
The next criterion goes to the prejudice itself; would there be damage to the University’s reputation, business confidence or ability to compete? We have established that the financial data driven strategy and the data which is linked to this contains documents which are confidential this is because they detail our current and future financial activities, which are linked to the overall budget and expenditure of the University and therefore carries measurable economic value which is considered to be commercially sensitive. Under FOI, release to one requester is considered as release to the world and this information is not shared with our competitors or made public in anyway. If the University were to disclose this information, it would seriously undermine the trust and confidence with our financial partners, suppliers, staff, prospective and current students and the public. It would be both commercially and reputationally damaging. Release of this information would be highly valuable and strategically useful to our competitors, since it would give them valuable insight into our reorganizational plans; marketing and admissions and financial trends all of which are analysed to create a financially sustainable future, competitors would use this information to their advantage and seek to exceed and outwit our performance. If this information was placed in the public domain, it would undermine and destroy our future vision and plans to create a financially sustainable future and prejudice the University's ability to compete in the market at a pinnacle point in history; in which the University is seeking to survive. In a competitive commercial environment disclosure of this data would have a measurable impact on our share of the market which is likely to result in financial and reputational loss to the University. Our Finance, Planning and Governance division would certainly use such information from our competitors, and it seems inconceivable that other universities would not do the same.
The final criterion is the likelihood of such prejudice occurring. At this unique point in history and financial crisis other Universities whether they be successful or unsuccessful are likely to be very interested in the way in which we orchestrate our vision to create a financially sustainable future, especially our data driven strategy which includes market trends; our monitoring and evaluation of our financial performance and effectiveness to create future strategy, plans and vision. We are confident that there is a strong possibility that should this information be released it is likely to prejudice the University’s commercial interests and reputation since it could be used by our competitors to gain advantage who may currently undertake these activities less effectively.
The application of this exemption requires an examination of the public interest in disclosure as opposed to that in non-disclosure.
The factors in favour of disclosure would include:
Increasing public understanding of the University’s data driven strategies; financial activities in the monitoring of trends and performance to create a vision for future financial sustainability.
Enhancing the transparency and openness of the data driven strategy and analysis.
There is significant public interest in the financial crisis which is facing Universities and the use of data in the making of decisions to secure financial sustainability.
Factors in favour of withholding the information are largely laid out in the explanation for the use of the exemption above but would include:
Ensuring there is fair competition within the Higher Education sector.
Protecting the ability of public authorities to compete on a level playing field
Preventing a distortion of the market for admission to higher education by disadvantaging one institution.
We would argue that there is sufficient data in the public domain to satisfy the public interest.
After consideration of the above factors, we believe, on balance, that the public interest lies in maintaining in the exemption.