Request
I have been told that “It is my understanding that the 1921 census is now available as an add-on to library subscriptions” – if this is the case, please could you supply me with a list of libraries I would be able to contact to gain access to the 1921 census records.
I have also been informed that: “The National Archives is not allowed to make a profit”, so please could you supply the following figures:
Amount A: Cost to digitize the 1921 census records
Amount B: Money received from members of the public who have so far paid to access the digitized records.
Outcome
Some information provided
Response
Please see below for a list of libraries to date that have a subscription to access the 1921 Census via FindMyPast. This information has been supplied by FindMyPast upon request. For your information, TNA did not hold this information on receipt of your request. Therefore, we have provided this list in order to assist with your enquiry, but it has not been answered under the Freedom of Information Act 2000.
https://cdn.nationalarchives.gov.uk/documents/copy-of-current-list-of-1921-census-subscribers.xlsx
Typically, digitisation contracts are delivered at nil cost to The National Archives. However, due to the size and complexity of the 1921 Census project, some relatively minor costs were incurred by The National Archives which totalled £17346.54. These costs are related more broadly to care of the records and oversight of the project as a whole.
In regards, to the question of income generated, we are unable to provide you with the information you have requested because it is covered by the exemption at section 41 and section 43.
For clarity, the National Archives does receive royalties from FindMyPast in relation to the 1921 Census. However, the royalty income generated by the Census goes towards supporting the public service which The National Archives offers. The exact detail of those royalties is commercially sensitive and subject to a confidentiality clause. Consequently, we are unable to provide you with the information you have requested.
Explanatory annexe
Exemptions applied
Section 41: Information provided in confidence
Section 41 (1) of the Act exempts information if (a) it was obtained by the public authority from any other person (including another public authority), and (b) the disclosure of the information to the public (otherwise than under the Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.
In this case the exemption applies because the information was provided by FindMyPast under an expectation of confidence which they would expect The National Archives to honour.
Further guidance on the application of this exemption can be found here:
https://cy.ico.org.uk/media/for-organisations/documents/1432163/information-provided-in-confidence-section-41.pdf
Section 43(2): Commercial Interests
This section exempts information whose disclosure would be likely to prejudice the commercial interests of any person. In this case, the exemption applies because release would prejudice the commercial interests of both FindMyPast and The National Archives.
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 the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
The public interest test 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 43(2) exemption.
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.
As such, release of this information is seen to prejudice the commercial interests of both FindMyPast and The National Archives. 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 on the application of this exemption cab be found here: https://ico.org.uk/for-organisations/foi-eir-and-access-to-information/freedom-of-information-and-environmental-information-regulations/section-43-commercial-interests/