Request
Can you please provide me with the names of people on the user advisory group for the 1921 census and also any papers provided for meetings of this group.
Can you also provide any risk/issues logs for the project provided at team/board meetings since January 2021.
Outcome
Some information provided.
Response
The National Archives did not establish a user advisory group specifically for the 1921 Census project. However aspects of this project were discussed at meetings of The National Archives User Advisory Group. Please use this link to access papers associated with these meetings as well as details of the delegates.
Please use the following link to access a copy of our risk register for the 1921 Census Project.
This is the latest version of the register as of the 9th January 2022 and documents all issues which were raised between then and the 1st January 2021. Some of the requested information is confidential and commercially sensitive and has consequently been redacted under sections 41(1) and 43(2) of the FOI Act.
EXPLANATORY ANNEX
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 where 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-guidance/section-43-commercial-interests/.