25th May 2010
Mr Robert Whittaker
Freedom of Information Unit
2nd Floor
Email: [FOI #30917 email]
Royal Mail Sheffield
Pond Street
Sheffield
S98 6HR
[email address]
www.royalmail.com
Dear Mr Whittaker
Re: Freedom of Information Act - Internal Review
I am writing in response to your email dated 26th April 2010 in which you requested a
review of Royal Mail Group’s response to your request for information dated 17th March
2010. Royal Mail Group has reviewed this request in line with its obligations under the
Freedom of Information Act and I am writing to inform you of the outcome of this review.
In your request you asked for the fol owing information:
“I'd therefore like to know whether your ‘Central Collections Management
Database’ does include information about each post-box, and exactly what
information about each box is stored there.
“If it does, I would like an extract from this database listing each post-box, with
whatever of the fol owing is held there: its number, location description,
postcode, and last collection times. For each box, I'd also like whatever location
coordinates / data is used to calculate the ‘Position of Box on an electronic
map’.”
In our response dated 16th April 2010, Daniel Tulp provided you with details of the
information and specific fields which are held by Royal Mail in the Collections Management
Database. However, Mr Tulp advised that an extract of the data held in this database was
considered to be exempt from disclosure under section 43(2) of the Freedom of Information
Act. Royal Mail Group’s internal review panel has reviewed this request and considered the
points made by you in your email of the 26th April, and I will set out their decision below.
Royal Mail Group Ltd is registered in England and Wales. Registered number 4138203. Registered office: 100 Victoria Embankment, London, EC4Y 0HQ.
© Royal Mail Group Ltd 2010– Page 1 of 5
Cont…
Section 43
The review found that the location coordinates data held on the database for each postbox
is covered by both sections 43(1) and 43(2) of the Freedom of Information Act.
Under section 43(1) information is exempt information if it constitutes a trade secret. The
review panel considered guidance from the Information Commissioner’s Office in
determining whether this information is a trade secret. Royal Mail’s commercial department
has confirmed that this information has a commercial value which the business wishes to
exploit in the future. Releasing this information would clearly be advantageous to other
companies who could utilise the information in their own products (e.g. Satellite Navigation
products). The location coordinates data is not already in the public domain and could not
be reproduced without significant time and resource. The review panel was therefore
satisfied that this information does constitute a trade secret and section 43(1) is engaged.
Where the information requested constitutes a trade secret, there is no need to consider the
harm its release may cause. However, the review concluded that; in the event that section
43(1) was found to not apply, section 43(2) would be engaged.
Under Section 43(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). Royal Mail has gathered this information using its own business
resource and continues to invest in updating and improving the accuracy of the information.
The information has a commercial value to Royal Mail which would be undermined by its
release into the public domain. This would clearly be likely to prejudice the commercial
interests of Royal Mail; significantly reducing if not removing completely, Royal Mail’s ability
to exploit the information commercially.
As stated by Mr Tulp in the email dated 16th April 2010, Royal Mail will in the future be
providing postbox location information through the Royal Mail Group websites. Releasing
this raw data would deny Royal Mail Group the full benefit of providing this service directly
to customers and attracting visitors to its own website through this innovation. It would be
detrimental if members of the public were drawn to alternative websites for reasons of
cross-marketing and promotion of other services provided by Royal Mail and Post Office
Limited. For these reasons section 43(2) is also engaged.
Royal Mail Group Ltd is registered in England and Wales. Registered number 4138203. Registered office: 100 Victoria Embankment, London, EC4Y 0HQ.
© Royal Mail Group Ltd 2010– Page 2 of 5
Cont…
The Public Interest Test – Section 43
Section 43 is subject to the ‘Public Interest Test’ and the internal review panel also
considered whether, despite the application of the exemption; there is an overriding public
interest in providing this information.
The Universal Service guarantees one delivery for every UK household and business, each
working day and one collection of mail six days a week and postboxes are a vital part of
providing the collection service. Royal Mail recognises therefore that there is public interest
in promoting access to postboxes and informing the public of postbox locations. However,
there is public interest in protecting the commercial interests of any business from unfair
prejudice. As a publicly owned company there is significant public interest in protecting
commercial interests of Royal Mail Group and its ability to provide public mail services. In
the face of declining mail volumes, Royal Mail is reliant on revenue from all possible
avenues. As Royal Mail has developed this data at its own expenses and continues to invest
in updating and improving the accuracy of the information, the review panel felt that it
would not be in the public interest to deny Royal Mail of the full potential value of this
information in future commercial use.
The review took into account your assertion that disclosure of this data would improve the
quality of publicly of publicly available information in relation to postbox locations. The
public interest in protecting the commercial interests of Royal Mail has to be balanced
against the public interest in postbox locations. However, the review panel felt that the
public interests would be served by the provision of postbox location information on the
Royal Mail Group website. This innovation wil be made in the next year fol owing an
extensive update of the location coordinates data. The postbox location information, when
published by Royal Mail, will be accurate, up to date and more reliable and therefore of far
greater benefit to the public.
The information in question does not relate to public spending, decision making or public
safety and, for the reasons outlined above, the review panel felt that overall the public
interest in releasing this data did not outweigh the public interest in maintaining the
exemption, and therefore believed that the information should be withheld.
Section 22
In your email of the 26th April you pointed to previous requests for information relating to
postbox locations where information was disclosed by Royal Mail. In light of the intention to
publish postbox location information for all UK postboxes through the Royal Mail Group
websites, the review panel determined that the further location data held in the Col ections
Management Database is exempt from disclosure under section 22(1) of the Freedom of
Information Act. Under section 22(1) information is exempt information if it was held, at
Royal Mail Group Ltd is registered in England and Wales. Registered number 4138203. Registered office: 100 Victoria Embankment, London, EC4Y 0HQ.
© Royal Mail Group Ltd 2010– Page 3 of 5
Cont…
the time when the request for information was made, with a view to its publication at some
future date. As stated above, Royal Mail Group will be publishing postbox location and final
collection times information on its website, this publication was already planned at the time
of your request and the review panel was therefore satisfied that section 22(1) is engaged.
Public Interest Test – Section 22
Information may only be withheld under this exemption if it is reasonable in all the
circumstances to do so. The review panel therefore considered whether Royal Mail should
keep to the original timetable for publication of this information or whether the
circumstances of the case, including the public interest, would warrant earlier disclosure.
The review panel felt that the application of section 22 was reasonable on two counts:
Firstly, as I have already said, the information when published will be accurate, up to date
and more reliable and therefore, of greater benefit to the public. Secondly, it is reasonable
and brings benefit to Royal Mail Group to attract people to its own website for this service.
As stated above, it would be detrimental if members of the public were drawn to alternative
websites for reasons of cross-marketing and promotion of other services provided by Royal
Mail and Post Office Limited. Consequently, the review panel felt that is was reasonable in
all the circumstances to withhold this information and that the public interest is best served
by keeping to the planned publication of this information by Royal Mail Group.
Finally, in your email you referred to an older request submitted through the ‘What Do They
Know’ website in which the applicant requested grid references for postbox locations. That
request was submitted in May 2008 and the location data held in the Collections
Management Database was not in place until July 2008. Therefore, we believe that the
previous request was answered correctly.
I apologise that the information you requested cannot be provided but hope that this
response suitably explains Royal Mail’s position. In the event that you are not satisfied with
this reply, you also have a right to appeal to the Information Commissioner who can be
contacted at the following address:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
Royal Mail Group Ltd is registered in England and Wales. Registered number 4138203. Registered office: 100 Victoria Embankment, London, EC4Y 0HQ.
© Royal Mail Group Ltd 2010– Page 4 of 5
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www.informationcommissioner.gov.uk
Yours sincerely
Colin Young
Freedom of Information Manager
Company Secretary’s Office
Royal Mail Group Ltd is registered in England and Wales. Registered number 4138203. Registered office: 100 Victoria Embankment, London, EC4Y 0HQ.
© Royal Mail Group Ltd 2010– Page 5 of 5
