Our Ref: FOI268696

Dear Mr Greenwood

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information which we received on 21 September 2009 about the winning tender from the Project ISSAC procurement for a shared desktop service.

I can confirm that the Cabinet Office does hold information falling within the terms of your request.

A copy of the information which can be disclosed is enclosed.

The remainder of the information that falls within the terms of your request is exempt from the right of access under the Freedom of Information Act 2000.

The specific exemptions which apply in relation to your request are sections 38 (health and safety), 40 (personal data) and 43 (commercial interests) of the Freedom of Information Act.

With regard to section 38, some details have been withheld because disclosure would, or would be likely to endanger the safety of many individuals. Since release under FOIA is essentially release to the world, those with malicious intent could also access and make use of the information provided. This is a qualified exemption and as such we have considered the public interest factors for and against disclosure. In our view it is never in the public interest, of itself, to endanger the health and safety of any individual and therefore the public interest balance falls in favour of withholding this information.

With regard to section 40, we are withholding information under s40(2) because disclosure would contravene the data protection principles in the Data Protection Act 1998, in particular the first data protection principle (personal data shall be processed fairly and lawfully) and the seventh data protection principle (data security). This is an absolute exemption.

Finally, with regard to section 43, we have withheld information under s43(2) because disclosure would, or would be likely to, prejudice the commercial interests of the successful bidder Fujitsu. Some of this information comprises information stated as being commercial in confidence by Fujitsu in Schedule 8 of their tender, and they have confirmed that the confidentiality remains. Revealing this information could weaken Fujitsu's position in a competitive environment by revealing market sensitive information or information of potential usefulness to its competitors. We have also withheld information which would or would be likely to prejudice the commercial interests of the Cabinet Office, potentially weakening its position in future procurement exercises. This is a qualified exemption and we have therefore considered the public interest factors for and against disclosure. The public interest in transparency and in the accountability of public funds, as well as showing procurement being conducted in an open and honest way is vital. We have provided all information where it is in the public interest to do so. In the few cases where the public interest could be best served by withholding the information, this is because disclosure is likely to lead to an undermined procurement process in the future. Companies would be less likely to disclose honestly in confidential negotiations, and the Cabinet Office would have difficulty in procuring the best services at the most competitive rate.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

If you are unhappy with the service you have received in relation to your request or wish to request an internal review, you should write to:

Sue Gray

Director

Cabinet Office

70 Whitehall

London

SW1A 2AS

e-mail: [Cabinet Office request email]

You should note that the Cabinet Office will not normally accept an application for internal review if it is received more than two months after the date that the reply was issued.

If you are not content with the outcome of your internal review, you may apply direct to the Information Commissioner for a decision. Generally the Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by Cabinet Office.

The Information Commissioner can be contacted at:

Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Kind Regards

Felicity Pickering

Reliable Delivery Manager

Cabinet Office

0207 276 3210