Section 38 of the Freedom of Information Act 2000 provides an exemption if disclosure of information would, or would be likely to, endanger the physical or mental health of any individual or endanger the safety of any individual. The Justice Select Committee in its report on its post-legislative scrutiny of the Act "strongly urge(s) universities to use to the full the protection that exists for the health and safety of researchers in section 38 of the Act, and expect that the Information Commissioner will recognise legitimate concerns. No institution should be deterred from carrying out properly regulated and monitored research as the result of threats; this was not Parliament's intention in passing the Act and we are happy to reiterate that that remains the position". We hope that our concern in this area will be addressed by this statement, namely whether the Information Commissioner's Office has been setting the bar too high for the evidence required for the engagement of the exemption.