Request
Can you please provide the following:
1) A copy of reports of any consultation with the public about accessing the 1921 census, this may include any research undertaken on fees for access and charging models that are not exempt for commercial reasons.
2) Minutes of any National Archive Committee/Board meetings where the outcome of the procurement of contract to supply Digitisation and Licencing of the 1921 Census was discussed.
3) The National Archives Business Case for Digitisation and Licencing of 1921 Census prior to the procurement of the contract.
4) Any report that has projections of annual income for the National Archives that are expected to result from the contract with findmypast to digitise and license the 1921 Census.
5) Any report that includes projections of the percentage of total annual income for the National Archives that will be derived from the contract to digitise and license the 1921 Census.
Outcome
Some information provided.
Request and our response
Can you please provide the following:
1) A copy of reports of any consultation with the public about accessing the 1921 census, this may include any research undertaken on fees for access and charging models that are not exempt for commercial reasons.
The National Archives can confirm that it does hold some information relevant to this query, however the research in question was carried out by its commercial partner, Findmypast, and was shared with The National Archives on the understanding that it was being provided in confidence and contained commercially sensitive information. Therefore we will be withholding this information under sections 43 (2) and 41 of the Freedom of Information Act. For further information regarding why these exemptions have been applied, please see the explanatory annex at the end of this letter.
2) Minutes of any National Archive Committee/Board meetings where the outcome of the procurement of contract to supply Digitisation and Licencing of the 1921 Census was discussed.
Please use the following link to access the minutes from the Executive Team Meeting of October 2018. References to the census contract can be found on pages 3 and 6:
https://webarchive.nationalarchives.gov.uk/ukgwa/20181207065238mp_/https://www.nationalarchives.gov.uk/documents/executive-team-minutes-2018-10.pdf.
Please also see page 1 of the Board Summary meeting of October 2018. https://webarchive.nationalarchives.gov.uk/ukgwa/20190222050711mp_/https://www.nationalarchives.gov.uk/documents/board-summary-october-2018.pdf.
3) The National Archives Business Case for Digitisation and Licencing of 1921 Census prior to the procurement of the contract.
I can confirm that The National Archives does not hold this information.
4) Any report that has projections of annual income for the National Archives that are expected to result from the contract with Findmypast to digitise and license the 1921 Census.
5) Any report that includes projections of the percentage of total annual income for the National Archives that will be derived from the contract to digitise and license the 1921 Census.
Unfortunately, we are unable to provide you with this information as it exempt under section 43(2) of the FOI Act, which exempts information if disclosure would be likely to prejudice the commercial interests of any person.
Additionally, the information is also covered by the exemption at section 41 of the Act, which 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.
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 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-guidance/section-43-commercial-interests/.