Request for information - Ref No: FOI19916
Thank you for your email of 27 August 2019 requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000, and your additional two emails of 3 September and 5 September 2019 clarifying your request, as set out in the extracts below:
Email of 27 August 2019
On 24/10/2014 OS published contract notice:
2014/S 205-363103 Contract notice: https://ted.europa.eu/udl?uri=TED:NOTICE:363103-2014:TEXT:EN:HTML
and subsequently, 05/03/2015, Contract award notice: 2015/S 045-077908 Contract award notice https://ted.europa.eu/udl?uri=TED:NOTICE:77908-2015:TEXT:EN:HTML&src=0
From the ‘Contract award notice’ it appear that four offers were received, Please will you provide a copy of these four offers.
Email of 3 September 2019
Thank you for your email. I am interested to see what a winning (and loosing) tender for this type of service looks like so as to improve our own proposals in future. If you need to redact any information such as the price that is fine.
Email of 5 September 2019
I would like a copy of the winning tender (See your reference FOI18819 as a similar request); ideally the full response. Without knowing what you have and the layout of the documents it is difficult to be more specific but I suggest the technical submission and company information sections.
I can confirm that Ordnance Survey does hold the information you have requested in relation to your request for a copy of the successful tender for Remotely Sensed Data Capture Processing and Management.
Please find attached a copy of the Statement of requirements response document (pdf.).
Information which does not relate to the technical submission and company information, as detailed in your clarification email of 5 September 2019, is not considered to be within scope of this request and has been extracted from the attached document.
We consider the following sections of the Statement of requirements response document to be within scope of your request:
- Company information
- Data Capture Methodology
- Data Capture Technology
- Data Quality
- Implementation Plan
After consultation with the successful bidder Ordnance Survey consider certain information contained within these sections, to be exempt from disclosure, therefore certain information has been redacted from the attached document.
We consider the following exemptions to apply to the information, section 40(2) (personal information) and section 43(2) (Prejudice to commercial interests) of the FOIA 2000, as explained in more detail below: -
Section 40(2) Personal Information
Information relating to the personal data of employees of Getmapping Plc are exempt from disclosure under section 40(2) (personal information) of the FOI Act.
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 third-party personal data would contravene the principles of the GDPR and DPA 2018. In reaching this decision, we have particularly considered:
- the reasonable expectations of the employees, 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
Section 43(2) (Prejudice to commercial interests)
Information is exempt information if its disclosure would, or would be likely to, prejudice the commercial interest of any person, including the public authority.
Information relating to Getmapping Plc’s methodology their technical solutions and operational processes are core to their commercial performance. Disclosure of this information would be of commercial value to a competitor, compromising their ability to operate competitively in the marketplace. Therefore, we consider disclosure of this information would be likely to prejudice the commercial interests of Getmapping Plc.
Section 43 (2) is a qualified exemption and we are required to consider the public interest.
Public Interest Test
Ordnance Survey recognises the need for transparency; however, this must be balanced against the public interest in allowing the organisation and third parties to protect their commercial information, and not be placed at a disadvantage in the competitive marketplace. Section 43(2) is a prejudice-based exemption, and there is a public interest inherent in avoiding the harm specified. In this case, Ordnance Survey considers that the prejudice would be likely to occur. Having considered the above, we are satisfied that the public interest in maintaining the exemption outweighs the public interest in disclosure
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 40 working days of receipt of our final response to your 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.