Request
- What agreement(s) exist between you and the private company The Genealogist for the provision of tithe and other maps online?
- For what time period do you have an agreement with The Genealogist for Tithe Maps to be hosted online by them?
- What fees are charged by you to The Genealogist in exchange for the right to display and use Tithe Maps online?
- What fees have been charged by you to The Genealogist in exchange for the right to display and use Tithe Maps online?
Outcome
Some information provided.
Response
I am writing to you to make a Freedom of Information Request for the following. They relate to your relationship with the private company The Genealogist.
1. What agreement(s) exist between you and the private company The Genealogist for the provision of tithe and other maps online?
TNA have non-exclusive licensing agreements with Genealogy Supplies (Jersey) Ltd, the proprietors of The Genealogist website, for the digitisation and publication of Tithe Maps (IR 30) and the 1910 Lloyd George Domesday Survey (IR 121 and IR 124-135) on the aforementioned website.
2. For what time period do you have an agreement with The Genealogist for Tithe Maps to be hosted online by them?
The original agreement for the Tithe Maps was signed in 2013 for a standard 10-year period and has since been renewed for a further 10 years.
3. What fees are charged by you to The Genealogist in exchange for the right to display and use Tithe Maps online?
4. What fees have been charged by you to The Genealogist in exchange for the right to display and use Tithe Maps online?
The National Archives receives royalties from the licensee. The exact detail of those royalties is commercially sensitive and subject to a confidentiality clause. Thus, this information is exempt under section 43 of the Act.
Explanatory annexe
Exemptions applied
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 The Genealogist 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. In this instance, the amount of royalties received by The National Archives from The Genealogist.
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 The Genealogist 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/