In accordance with section 1 (1) (b) of the Act our response is
provided below;
Please see the attached redacted documents.
Some information that you have requested has been redacted as it
is deemed as Personal Data Section 40 and Commercially Sensitive
Section 43. Therefore, the processing of this data by disclosure to
a third party would be unlawful and breach the principles of the
Data Protection Act 1998.
Section 40(2) Any information to which a request for information
relates is also exempt information if -
(a) it constitutes personal data which does not fall within
subsection (1), and
(b) either the first or the second condition below is
satisfied
(3) The first condition is:-
(a) in a case where the information falls within any of
paragraphs (a) to (d) of the definition of "data" in section 1(1)
of the Data Protection Act 1998, that the disclosure of the
information to a member of the public otherwise than under this Act
would contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely
to cause damage or distress), and
(b) in any other case, that the disclosure of the information to
a member of the public otherwise than under this Act would
contravene any of the data protection principles if the exemptions
in section 33A (1) of the Data Protection Act 1998 (which relates
to manual data held by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of
Part IV of the Data Protection Act 1998 the information is exempt
from section 7(1)(c) of that Act (data subject's right of access to
personal data). The information you have requested is the personal
data of both yourself and a third party and to release personal
data would breach the principles of the Data Protection Act 1998
and would be unlawful.
Section 43 Commercial Interests is a Qualified Exemption and
requires a Public Interest Test.
Public Interest Test
Considerations favouring disclosure
Accountability
When information disclosed relates directly to the efficiency
and effectiveness of the Force and its officers. Disclosure of the
negotiating factors around the awarding of a contract will enable
the public to have confidence in the Authorities ability to achieve
terms that would eventually be beneficial to the tax payer.
Public awareness and debate
Where the service would benefit from public participation and
debate. Knowledge of all the issues surrounding the provisions of
services by outside parties and organisations to the Force would
enhance any public debate over the decisions taken into the
allocation of resources.
Public finances
Where public funds are being spent there is public interest in
accountability and justification. Disclosure of the contract and
the pricing structures would enable transparency.
Considerations favouring non-disclosure
Interests of third parties
Where individuals or third parties interest might be jeopardised
by the release of information which relates to sensitive commercial
information held about financial and contractual issues
Tortuous duty
In circumstances where the Force is under a legal obligation to
maintain confidences, it would not be in the public interest to
release this information if in so doing it would leave the Force
vulnerable to civil proceedings.
Balancing Test
When deciding where the public interest lies we have to take
into consideration valid arguments both for and against disclosure.
In this case the strongest factor in favour of disclosure is
accountability whereas both the interest of third parties and the
Authorities duty do impose certain legally enforceable obligations
on the Authority. How therefore would the public interest be served
in ignoring those obligations. In our view it plainly wouldn't and
there would be no community benefit in placing the Authority in a
position that would subject it to litigation. Therefore on balance
in all the circumstances of the case, the public interest in
maintaining the exemptions outweighs the public interest in
disclosing the information.
Marketing Means Redacted
Appendix A
Appendix
B
Appendix
C
Appendix
D
Appendix E
Appendix
F