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Discussions/correspondence concerning 77M no.2

FOI14608 – Request for information

As part of preparing our response to the ICO investigation1 into the handling by OS of your FOI request (with an OS reference of FOI14608), we have reconsidered our original response.

As a result, we are pleased to be able to provide you with an item (which is available on request) that was withheld in our original response, namely the item described as an email chain with a licensed partner in the final bullet point under the heading “Information not released” in our original response letter of 15 December 2015. Please note that this item actually comprises two email chains, although the email chains both commenced with the same email, hence the original description.

We have redacted certain information on the basis of section 43(2), as its disclosure would prejudice the commercial interests of the licensed partner and of OS. In addition, the information is exempt from disclosure under section 41(1), as disclosure would constitute an actionable breach of confidence by the licensed partner. Personal data is also redacted on the basis of section 40(2), as disclosure would be in breach of the first data protection principle, in particular the requirement that personal data must be “processed fairly”.

Section 43(2) is a qualified exemption, and so we are required to consider the public interest in disclosure. Whilst we recognise that there is always a general public interest in transparency, in this particular case we can see no wider public interest in releasing the identities of individuals, their contact details or the organisation name. In view of the fact that disclosure wold prejudice the commercial interests of the third party, and of OS, we consider that the public interest in maintaining the exemption outweighs the public interest in disclosure.

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1 NB: Under cover of this email, Ordnance Survey released an additional item of information as part of preparing a response to an ICO investigation, following a complaint in relation to FOI14608. Please note that the independent assessment by the ICO subsequently found that all of the remaining undisclosed requested information had been correctly withheld under the relevant FOIA exemptions by Ordnance Survey.

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