Request for information - Ref No: FOI231186
Request
Thank you for your email of 2 October 2023, requesting information from Ordnance Survey in accordance with the Freedom of Information Act (FOIA) 2000, as set out in the extract below:
“I am writing to you under the Freedom of Information Act 2000 to request the following information for the Project - Enterprise Design for PSGA - Consultancy, Notice Reference - IT-556-29-BS.0029
- Copy of successful tender (by removing confidential information)
- Scoring table of all bidders, split by scores awarded for each question of bid.
- Approximate date that the tender will be reissued towards the end of the current contract period.
- How many bidders submitted responses?
- Name of all bidders who submitted responses.
- Rank of all bidders who submitted responses I would prefer to receive the information electronically."
Our response
Response of 30 October 2023
I confirm that Ordnance Survey does hold some of the information you have requested, however, we consider some of this information to be exempt from disclosure under the FOIA as explained below. Taking each request in turn, I confirm the following:
1. Copy of successful tender (by removing confidential information)
We do hold this information, please see the pdf copy of the successful tender enclosed in three parts:
Some of this information is exempt under section 43(2) (Commercial Interests) and/or section 41(1) (Information provided in confidence) and/or section 40(2) (personal information) of the FOIA and is therefore withheld.
We have therefore redacted certain information within the tender response on the basis of the above exemptions for the reasons set out below.
Section 41(1) of the FOIA (confidential information)
Under Section 41 of FOIA, public authorities are not obliged to comply with any request for disclosure which would constitute a breach of confidence actionable by the person to whom a confidentiality obligation is owed.
We consider that certain redacted information within the tender response relating to the Supplier’s previous clients is confidential information and therefore exempt from disclosure, under s 41(1) of the FOIA.
This is an absolute exemption and therefore no public interest test is required.
Section 43(2) (commercial interests) of the FOIA
We consider that the release of certain redacted information would be likely to cause commercial prejudice to the Supplier, as it comprises commercial information, including but not limited to pricing, which could be used to the disadvantage of the Supplier in its negotiations with other customers, and could also be used by the competitors of the Supplier. In addition, disclosure of this information would be likely to have an adverse impact on Ordnance Survey’s ability to negotiate the best price for future services.
Whilst section 41(1) is an absolute exemption, section 43(2) is a qualified exemption and we are required to consider the public interest. Ordnance Survey recognises the need for transparency; however, this has to be balanced against the public interest in allowing the organisation and third parties to protect their commercial information. In this case, we are satisfied that there is greater public interest in withholding the information under this exemption.
Section 40(2) (personal information) of the FOIA
In addition, certain information has been redacted on the basis that it is exempt from disclosure under section 40(2) (personal information) of the FOIA, as the information constitutes personal data which is not already in the public domain.    
 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 Regulation and Data Protection Act 2018.   
 In reaching this decision, we have particularly considered:   
-  the reasonable expectations of the individuals; 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.    
2. Scoring table of all bidders, split by scores awarded for each question of bid
 We do hold this information, please see scoring table enclosed in the form of an Excel spreadsheet.
3. Approximate date that the tender will be reissued towards the end of the current contract period
This information is not held; the contract has expired.
4. How many bidders submitted responses?
We do hold this information. One bidder submitted a response.
5. Name of all bidders who submitted responses.
We do hold this information. EAC Management Limited trading as From Here On.
6. Rank of all bidders who submitted responses I would prefer to receive the information electronically.
We do not hold this information. This is not applicable as there was only one bidder.
Response of 20 November 2023
Further to Ordnance Survey’s response of 30 October 2023 to your FOI request, specifically your request for ‘a copy of successful tender (by removing confidential information)’, I confirm that Ordnance Survey holds some additional information which is attached, namely the FOI Form (.pdf) and the GDPR Due Diligence Questionnaire (.xlsx).
However, we consider some of this information to be exempt from disclosure under the FOIA, as detailed below:
1. FOI Form
This information has been released to you in redacted form, as we consider the following exemption to apply:
Section 40 (2) (Personal Information)
We consider Section 40(2) Personal Information applies in relation to the signature of the person who signed this form on behalf of EAC Management Limited trading as From Here On.
Whilst their name may already be in the public domain, personal data of a third party can be withheld if disclosure of this information would breach any of the data protection principles contained in the UK General Data Protection Regulation (GDPR) and Data Protection Act (DPA) 2018.
In this instance the disclosure of the signature would contravene the first data protection principle, which provides that personal data must be processed fairly and lawfully, versus the reasonableness and expectations of employees to have their personal information disclosed. 
This is an absolute exemption and requires no public interest test.
2. GDPR Due Diligence Questionnaire
This GDPR Questionnaire has been released to you in redacted form, as we consider the following exemptions to apply:
Section 31(1) (a) (Law Enforcement)
Information is exempt if its disclosure would or would be likely to prejudice the prevention and detection of crime. In this case, we have redacted certain comments in the GDPR Due Diligence Questionnaire since they refer to the supplier’s company information, which is not known to the wider public and relates to their internal processes and business procedures and technical security information. Disclosure of this information could expose any potential vulnerabilities to the systems and processes they have in place to protect their information.
This is a qualified exemption, and we are required to consider the public interest.
Public Interest test
OS recognises the need for transparency; however, disclosure of this information would mean that the supplier’s security systems would be more vulnerable for example, to a malicious attack / data breach, therefore facilitating the possibility of crime.
Section 31(1)(a) is a prejudice-based exemption, and there is a public interest inherent in avoiding the harm specified. OS considers that the prejudice would be likely to occur, and we are satisfied there is a greater public interest in protecting the supplier’s security systems by withholding the information under this exemption.
Internal review
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
Ordnance Survey
Adanac Drive
Southampton
SO16 0AS
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.