Request for information - Ref No: FOI18869
Thank you for your email of 23 October 2018, requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000, as set out in the extract below:
“May I request under Freedom of Information for an emailed copy of the (three ?) agreements signed as referenced slide 2 of the attached November 2017 OS Greenspace Policy Development presentation?"
I confirm that Ordnance Survey does hold the information you have requested. A copy of the information, which can be disclosed, is attached. Where the information is exempt from disclosure this is explained below.
I note your request refers to ‘three’ agreements, to clarify there are two Greenspace Dataset Agreements and one Variation Agreement, more specifically the following:-
1) Greenspace Dataset Agreement between Ordnance Survey Limited and Scottish Ministers,
2) Greenspace Dataset Agreement between Ordnance Survey Limited and The Secretary of State for Business, Innovation and Skills (BIS), and
3) Variation Agreement to the Greenspace Dataset Agreement between Ordnance Survey Limited and Scottish Ministers.
The information you requested relating to personal information is exempt under section 40 (2) of the FOIA and is therefore withheld. The names, email addresses and signatures of Ordnance Survey, Scottish Ministers, and BIS employees is held by Ordnance Survey but is exempt from disclosure under section 40(2) (personal information) of the FOIA, as the information constitutes personal data.
Section 40(2) provides that personal data is exempt information if one of the conditions set out in section 40(3) is satisfied. In our view, disclosure of this information would breach the data protection principles contained in the General Data Protection Regulations and Data Protection Act 2018.
In reaching this decision, we have particularly considered:
- the reasonable expectations of the employees: given their positions, Ordnance Survey considered that none of the individuals would have a reasonable expectation that their personal data would be disclosed;
- the consequences of disclosure; and
- any legitimate public interest in disclosure.
Section 40(2) is an absolute exemption and therefore not subject to the public interest test
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 Internal Review Officer by contacting them, within two months of receipt of our final response to your Freedom of Information(FOI) request, as follows:
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 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 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, within three months of receiving our response, with the Information Commissioner’s Office.
Further information can be found on the ICO website (ico.org.uk) under ‘Report a concern’ or you may wish to call the ICO helpline on 0303 123 1113.