mc661
Senior Member
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Habitual FOI requester.
Posts: 432
West-Norfolk
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ANNEX B
Exemption in full:
S43(2)
Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).
Factors for disclosure
By revealing the amount of money earned by DVLA per minute, DVLA could use the competition to its own benefit, if BT’s competitors were to provide better rates.
There is general public interest in knowing how public funds are managed.
Factors for withholding
DVLA has a commercial contract with BT with special rates that we have negotiated. If we were to divulge these rates, commercial rivals could gain an advantage over BT in future negotiations with DVLA and other organisations. This disclosure of information, considered as commercially sensitive by BT, could affect the good working relationship DVLA has established with this company.
Information on the amount of money earned by DVLA from the use of 0870 numbers has been published in the public domain. The availability of this general information mitigates the fact that the amount of money received per minute per call is withheld.
Reasons why public interest favours withholding information Companies providing services to DVLA must not be deterred from doing so by fear that information about their revenue and bargaining position could be revealed. It is considered that, although revealing the rates might, in the short term, give the DVLA an advantage, it would, in the long term, be a disadvantage, since it would diminish the confidence potential service providers might have in it. This long term disadvantage is considered serious enough to outweigh the public interest in revealing the information.
Type of Document- Applicable Exemption COI Guidelines - Section 43(2) – Commercial Interests E-mail from BT- Section 43(2) – Commercial Interests
[err hang on a min, arnt the COI guidelines allready in the public domain anyway?]
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