Request for information - Ref No: FOI221106
Thank you for your email of 30 September 2022, requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000, as set out in the extract below:
- Who is your social media management and monitoring tool supplier?
- Start date & duration of framework/contract with supplier.
- Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date.
- Who is the senior officer (outside of procurement) responsible for this contract?”
I confirm that Ordnance Survey does hold the information you have requested. Where the information is exempt from disclosure this is explained in our response to each question. Taking each request in turn, I confirm the following:
1. Who is your social media management and monitoring tool supplier?
2. Start date & duration of framework/contract with supplier
See response to question 3.
3. Actual spend on this contract/framework (and any sub lots), from the start of the contract to the current date
I confirm we hold the information requested at question 2 and 3 above; however, we consider this information to be exempt from disclosure under section 43(2) (Prejudice to commercial interest) of the FOI Act.
The contract referred to is not on OS standard terms and conditions or the CCS Framework. After consultation with Hootsuite, we consider disclosure of the above information would be likely to prejudice the commercial interests of Hootsuite and OS. This is because this information would prove advantageous for competitors when bidding on future opportunities, it would impair the third party’s ability to compete successfully and could harm both parties’ ability to negotiate in future procurement exercises. Companies may lose confidence in OS, compromising OS’ integrity and causing a detrimental impact on the reputation of OS.
Section 43 (2) is a qualified exemption, and we are required to consider the public interest.
Public Interest Test
OS recognises the need for transparency; however, this must be balanced against the public interest in allowing OS and third parties to protect their commercial information, and not be placed at a disadvantage in the competitive marketplace in which we operate. Section 43(2) is a prejudice-based exemption, and there is a public interest inherent in avoiding the harm specified. In this case, OS 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.
4. Who is the senior officer (outside of procurement) responsible for this contract?
The person responsible for the contract outside of Procurement is the Social Media and Digital Marketing Manager.
We consider the name of the senior officer of the person responsible for the contract to be exempt from disclosure under section 40(2) (personal information) of the FOI Act, 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.
However, under the duty to provide information and assistance in accordance with section 16 of FOIA, we can provide the following information which may assist you in this matter.
You can find out information in relation to our procurement process on our website in our procurement pages (https://www.ordnancesurvey.co.uk/procurement), where there is also a ‘contact us’ form (https://www.ordnancesurvey.co.uk/contact-us). Alternatively, you can contact us by telephone via our Customer Service centre on 03456 05 05 05.
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.