FOI14594 – Request for information
Thank you for your email of 8 October 2015, requesting the following information from Ordnance Survey in accordance with the Freedom of Information Act 2000:
Under a Freedom of Information request, please email me, within standard FOI timescales, details (including but not limited to terms and conditions, licensing terms, and emails but excluding any commercially sensitive financial details) with regard to legacy agreements issued or removed by Ordnance Survey in the last 16 years to commercial businesses.
For the avoidance of doubt legacy agreement means agreements created for a business or businesses by Ordnance Survey, but whose same terms are not currently available to all other business. An example of this would be Goad or Landmark Point X or Sat Nav companies.
From our preliminary assessment, it is clear that we will not be able to answer your request in its current form as we consider compliance with your request would exceed the appropriate cost limit according to Section 12 (1) of the Freedom of Information Act.
Section 12 of the FOIA provides an exemption from our obligation to comply with a request, where the cost of compliance is estimated to exceed the appropriate limit.
The appropriate limit as detailed in the fees regulations is set, by the Secretary of State, at £600 in relation to Ordnance Survey. We can take into account the costs attributed to the time persons are expected to spend on these activities at £25 per hour per person (regardless of actual cost or rate of pay) which means the limit will be exceeded if these activities exceed 24 hours.
We estimate that it will take us in excess of the applicable time limit to determine the appropriate material and locate, retrieve and extract the information in reference to your request. Therefore, your request will not be processed further.
You may wish to refine your request by narrowing its scope by being more specific about what information you particularly wish to obtain, including any dates or a shorter period of time relevant to the information required.
However under our duty to provide advice and assistance as stipulated in Section 16 of the FOIA, we would advise you as follows. Ordnance Survey operates a standard pricing and licensing model, which aims to ensure that customers/partners are licensed on the same terms for comparable purposes.
Over time, our pricing and licensing model evolves to meet new needs and in response to feedback from customers and partners. As a result, we have over the years withdrawn a number of standard contracts; the uses which they are permitted are, in some cases, no longer relevant (e.g. the withdrawal of the contract to cover car sharing products and services), or they may have been included in other contracts which we continue to make available (e.g. the inclusion of terms for navigation products and services within our Consumer Solutions Contract).
We have, in the past, entered into non-standard terms with customers/partners, where our standard licences did not cater for the particular situation at that time. However, these terms would have been made available to other customers/partners for equivalent purposes had we been approached. Over time, we have migrated such customers/partners away from such terms and onto our standard contracts, and this has been the case with Goad and the PointX joint venture with Landmark (as referred to in your request).
Alternatively, we have on occasion used the non-standard terms which we may have entered into as the basis for a new standard contract, which is then made available to all (should there be a demand for it), e.g. the inclusion of historical mapping terms within each of the relevant partner contracts.
Without having conducted a thorough due diligence exercise, for reasons of cost as noted above, it is our view that Ordnance Survey has not entered into any agreements in the last 16 years which are still in force, and which we would not make available to similar businesses for equivalent purposes.
I hope this helps with your enquiry.
Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. If you are unhappy with our response, you may request an internal review with our FOI Internal Review Officer, by contacting them as follows:
FOI Internal Review Officer
Customer Service Centre
Please include the reference number above. You may request an internal review where you believe Ordnance Survey has:
- Failed to respond to your request within the time limits (normally 20 working days)
- Failed to tell you whether or not we hold the information
- Failed to provide the information you have requested
- Failed to explain the reasons for refusing a request
- Failed to correctly apply an exemption or exception
The FOI Internal Review Officer will not have been involved in the original decision. They will conduct an independent internal review and will inform you of the outcome of the review normally within 20 working days, but exceptionally within 40 working days, in line with the Information Commissioner’s guidance.
The FOI Internal Review Officer will either: uphold the original decision, provide an additional explanation of the exemption/s applied or release further information, if it is considered appropriate to do so.
Appeal to Information Commissioner's Office (ICO)
If, following the outcome of the internal review you remain unhappy with our response, you may raise an appeal with the Information Commissioner’s Office at:
The Case Reception Unit
Customer Service Team
The Information Commissioner’s Office
Telephone helpline: 0303 123 1113 or 01625 545745 for advice, Monday to Friday.
Thank you for your enquiry.