Request
1. Do you use a social media management platform?
2. If so, what tools do you use?
3. How much do you spend annually on a Social media management tool?
4. Which month & year does your contract with your supplier end?
5. Do you use a social listening / media monitoring platform?
6. If so, what tools do you use?
7. How much do you spend annually on a social listening / media monitoring tool?
8. Which month & year does your contract with your supplier end?
9. Who is the senior officer in charge of these contracts?
Outcome
Some information provided
Response
1. Do you use a social media management platform?
Yes
2. If so, what tools do you use?
This information is exempt from disclosure because it would likely prejudice the prevention of crime and is therefore exempt under section 31(1)(a) of the FOI Act. We have determined that release of this information would be likely to prejudice the prevention of crime by making The National Archives’ computer systems more vulnerable to cyber-attacks.
3. How much do you spend annually on a Social media management tool?
Information on any live contract valued under £10,000 plus VAT would expose commercially sensitive information, and as such is exempt under section 43(2) of the FOI Act.
4. Which month & year does your contract with your supplier end?
Information on any live contract valued under £10,000 plus VAT would expose commercially sensitive information, and as such is exempt under section 43(2) of the FOI Act.
5. Do you use a social listening / media monitoring platform?
Yes
6. If so, what tools do you use?
This information is exempt from disclosure because it would likely prejudice the prevention of crime and is therefore exempt under section 31(1)(a) of the FOI Act. We have determined that release of this information would be likely to prejudice the prevention of crime by making The National Archives’ computer systems more vulnerable to cyber-attacks.
7. How much do you spend annually on a social listening / media monitoring tool?
Information on any live contract valued under £10,000 plus VAT would expose commercially sensitive information, and as such is exempt under section 43(2) of the FOI Act.
8. Which month & year does your contract with your supplier end?
Information on any live contract valued under £10,000 plus VAT would expose commercially sensitive information, and as such is exempt under section 43(2) of the FOI Act.
9. Who is the senior officer in charge of these contracts?
Rachael Corver, head of Marketing and Communications.
Explanatory annexe
Exemptions applied
Section 31: Law Enforcement
Section 31 is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOI Act there is a presumption that information should be released unless there are compelling reasons to withhold it.
The public interest has now been concluded and the balance of the public interest has been found to fall in favour of withholding information covered by the section 31(1)(a) exemption. Considerations in favour of the release of the information included the principle that there is a public interest in transparency and accountability in disclosing information about software employed by The National Archives.
However, release of this information would likely make The National Archives more vulnerable to crime. The crime in question here would be a malicious attack on The National Archives’ computer systems. As such release of this information would be likely to prejudice the prevention of crime by making The National Archives’ computer system more vulnerable to cyber-attacks. There is an overwhelming public interest in keeping government computer systems secure which would be served by non-disclosure. This would outweigh any benefits of release. It has therefore been decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion.
Further guidance on section 31 can be found here:
Section 31 – Law enforcement | ICO
Section 43(2) – Commercial Interests
This section exempts information whose disclosure would be likely to prejudice the commercial interests of any person or body. In this case, the exemption applies because it would be likely to harm or prejudice the commercial interests of our current and potential future suppliers.
Section 43(2) is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
Considerations in favour of the release of the information included The National Archives’ commitment to openness and transparency in its commercial activities, to allow public scrutiny and to demonstrate that public funds are being used in an efficient and effective way. Furthermore, private sector companies engaging in commercial activities with the public sector must expect some information about those activities to be disclosed.
Considerations against disclosure included the recognition that disclosure is likely to provide information to direct competitors within the market that would create an imbalance and a commercial advantage to those competitors. Furthermore, disclosure of this information is also likely to affect The National Archives’ ability to negotiate contracts in the future and consequently generate revenue from non-public funds. It is also considered that disclosure would be likely to deter potential bidders for future contracts from competing and sharing commercially sensitive information with us. This would outweigh any benefits of release. It was therefore decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion.
Further guidance can be found at:
Section 43 – Commercial interests | ICO