UUK claimed that to disclose research data prior to publication would discourage data from being collected. This argument was rejected by the government because ‘adequate protection already exists’ according to Home Office minister, Lord Henley. Currently, FOI legislation already exempts from release information intended for future publication and information that would be likely to prejudice commercial interests. The proposed exemption was not necessary but rather offered an alternative protection, according to Lord Henley. This article highlights challenges being faced within institutional research departments on the disclosure of raw research data following previous ICO decisions against the University of East Anglia and University of Belfast. For more information on FOI, please refer to the guidance on JISC Legal’s website - http://jiscleg.al/FOI.