Schedule of addenda in relation to T 71 licensing agreement

Request

Under the Freedom of Information Act 2000, I write to request a schedule of all addenda to the Framework Licence Agreement dated 20 December 2017 between The National Archives and Ancestry Ireland Unlimited Company, contract reference CM969.

Addendum 011 to that Framework, signed 8 February 2023 and covering Collection T71 — the Office of Registry of Colonial Slaves and Slave Compensation Commission Records 1812-1851 — has been disclosed to me. Its sequential designation as Addendum 011 confirms that at least ten prior addenda exist. Across eight months of detailed correspondence concerning this Framework, including multiple FOI responses and a formal internal review decision, The National Archives has made no reference to any prior addendum.

I request a schedule listing for each addendum its sequential number, title or subject matter, and date of signature.

I request disclosure in electronic form within the statutory 20 working days.

Outcome

Some information provided.

Response

I can confirm that The National Archives holds information relevant to your request, and we are pleased to be able to provide some this information to you.

Some information has been withheld under Section 43(2) of the FOIA.

Section 43(2) exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity). For further information about why this exemption has been applied and the Public Interest Test, please see the explanatory annex at the end of this letter.

Please see below a schedule listing each addendum, it’s sequential number/title/subject matter, and date of signature.

• Addendum 001/CM969: To add various collection sets of digital images (All pieces from RG 101, WO 392, WO 345, and HO 396. Selected pieces from J 77, AIR 40, WO 361, WO 96), 20/12/2017
• Addendum 002/CM969: To add various collection sets of digital images (All pieces from CRIM 9, HO 7, HO 8, HO 13, HO 17, HO 18, HO 19, HO 24, HO 47, HO 77, MEPO 6, PCOM 2, RG 37, WO 76, WO 400. Selected pieces from HO 140, WORK 97), 20/12/2018
• Addendum 003/CM: To add-various record sets (All pieces from MAF 421 & WO 178. Selected pieces from ADM 364, WO 156, WO 334, WO 156, WO 334), 26/02/2020
• Addendum 004/CM969: To add various collection sets of digital images (All pieces from ADM 337, ADM 339, ADM 318, AIR 80, WO 398. Selected pieces from AIR 27), 23/12/2020
• Addendum 005/CM969: To add various collection sets to be digitised images (Selected pieces from WO 169, WO 171, WO 172, WO 177, WO 179), 31/08/2021
• Addendum 006/CM969: To add various collection sets to be digitised, (All pieces from WO 178), 09/12/2021
• Addendum 007/CM969: To add various collection sets (All pieces from AIR 54), 19/05/2021
• Addendum 008/CM969: To add various collection sets (All pieces from ADM 48, AIR 76, AIR 50, IR 29, IR 30, WO 22, WO 23, WO 42, WO 367, WO 417), 06/06/2022
• Addendum 009/CM969: To add various collection sets to be digitised (Selected pieces from ADM 202, AIR 29, WO 169, WO 175, WO 177, WO 179, WO 218), 08/04/2022
• Addendum 010/CM969: To add various collection sets (selected pieces from ADM 6, ADM 7, ADM 81, ADM 193, ADM 305, BT 334, FO 83, FO 97, FO 292, FO 375, FO 376, FO 377, FO 531, FO 559, FO 560, FO 564, FO 581, FO 585, FO 604, FO 617, FO 625, FO 663, FO 665, FO 670, FO 672, FO 673, FO 687, FO 700, FO 710, FO 712, FO 716, FO 723, FO 743, FO 818, FO 866, FO 886, FO 887, FO 888, FO 910 & SP 110), 24/08/2022
• Addendum 012/CM969: To add various collection sets (ADM 171, ADM 240, ADM 337, QLIB 5, WO 76 & WO 367), 28/03/2023
• Addendum 013/CM969: To add various collection sets (AIR 83), 03/07/2023
• Addendum 014/CM969: To add various collection sets (ADM 103 & WO 373; selected pieces from REDACTED & MH 106), 07/12/2023
• Addendum 015/CM969: To add various collection sets (selected pieces from J 77), 17/05/2024
• Addendum 016/CM969: To add various collection sets (RG 15), 24/06/2024
• Addendum 017/CM969: To add various collection sets [series references are withheld under section 43(2)of the FOI Act], 19/11/2025
• Addendum 018/CM969: To add various collection sets [series references are withheld under section 43(2)of the FOI Act], 17/12/2025
• Addendum 019/CM969: To add various collection sets [series references are withheld under section 43(2)of the FOI Act], 22/04/2026
• Addendum 020/CM969: To add various collection sets [series references are withheld under section 43(2)of the FOI Act], 29/04/2026

To see the series level description for each series listed, please search our online catalogue.

Series references withheld under section 43(2) cover series that are not yet published by Ancestry. Release of this information is likely to prejudice Ancestry’s commercial interests.

We can confirm that none of the unpublished series are T 71, or have any relationship to slavery or slave registers.

Annexe

Exemptions applied

Section 43: Commercial Interests

Section 43(2) exempts information where disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity).

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 under section 43(2).

Arguments in favour of disclosure

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.

Arguments in favour of maintaining the exemption

Some of the requested information relates to Ancestry’s future publication plans. Disclosing Ancestry’s pipeline of unpublished record sets provides competitors with highly sensitive strategic information. It would give them advanced notice of upcoming content releases, allowing them to adapt their own acquisition, marketing, and pricing strategies to pre-empt or undermine launches. Ancestry invests significant resources into digitising and preparing these records; premature disclosure of our release roadmap undermines our competitive edge and the commercial value of our targeted marketing campaigns. The public interest in withholding this information is to ensure that Ancestry’s competitors are not given unfair access to specific details relating to their internal processes, which would likely be utilised to undermine Ancestry’s commercial competitiveness.

Outcome of the Public Interest Test

As such, release of the exempt information would likely prejudice the commercial interests of Ancestry, and is not seen to be in the public interest. Non-disclosure on this occasion is seen to outweigh any benefits of release. Only a small amount of information from the documents is being withheld, and only what is strictly necessary following consultation with Ancestry. It has therefore been decided that the balance of the public interest lies in favour of withholding the material on this occasion.

Further guidance on the application of this exemption can be found on the ICO website.