Cloud Computing Services

In relation to the arrangements for the use by the Ordnance Survey of Amazon's cloud computing services to host the Ordnance Survey's OpenSpace API, as mentioned at http://www.computing.co.uk/ctg/news/2028021/ordnance-survey-migrates-amazon-landmark

or any other use by the Ordnance Survey of Amazon's cloud services -

1. Was the Ordnance Survey's contract direct with Amazon, or with a third party who (whether directly or through other third parties) entered into a contract with Amazon for the cloud services concerned? 

2. Please let me have a copy of the Ordnance Survey's contract with Amazon if the former, or the Ordnance Survey's contract with the third party if the latter, including any side letters and other associated contractual documentation if any.

3. Has the Ordnance Survey used Amazon's services for anything other than the OpenSpace API? If so please describe, and provide a copy of the contract and associated contractual documentation if different.

Thank you for your e-mail dated 21^st November 2011. Ordnance Survey does hold the information you have requested, and responds to each of your questions in turn.  Please note that not all of the information you have requested has been provided as parts fall under and exemption of the Freedom of Information Act, this is detailed where applicable.

1. Ordnance Survey's contract with Amazon is direct and not via a third party.

2. I confirm that Ordnance Survey does hold this information. However, I regret to inform you that this section of your request falls within the Commercial Interests exemption under section S.43 (2) of the Freedom of Information Act (FOIA) 2000: ‘Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it.’ As we believe that disclosure will prejudice the commercial interests of Amazon, we will not be releasing this information to you.

We believe this exemption applies because the terms and conditions of business negotiated with Amazon are commercially sensitive.  The contract was entered into before we routinely published supplier contracts under the Government transparency agenda, and there was no expectation on Amazon’s part that it would become public.  As the terms are still in force, the information relates to Amazon’s current trading position. 

Having consulted with Amazon on this matter, we are satisfied that disclosure of the commercial terms within the contract would place Amazon at a significant commercial disadvantage by affecting its ability to negotiate with other organisations, especially taking into account the developing and competitive market in which Amazon operates.

3. Ordnance Survey has used the services of Amazon for:

• Metadata editor for Infrastructure for Spatial Information in the European Community (INSPIRE). 
• Public Sector Assets Application for DCLG (Department for Communities and Local Government).

To the extent that the Public interest test in section 17 of the Freedom of Information Act applies, we have determined that in relation to question 2 the public interest is best served by upholding the exemption, as there is a public interest in ensuring Amazon is free to agree confidential terms with public sector customers without negatively affecting its commercial position.

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may raise an appeal to our Appeals Officer at:

FOI Appeals Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
SOUTHAMPTON
SO16 0AS

Please include the reference number below. The Appeals Officer will ensure that the process has been followed correctly, questioning any decisions taken regarding the original response and recommending disclosure of additional information if appropriate.

Thank you for your enquiry.

Reference number: FOI11238/November 2011