14 July 2008
Dear Ms Black
I am writing to confirm that the Department has now completed its search for the information you requested on 24th June 2008, asking how much was spent by Directgov on paid-for adverts on web search engines (eg Google Adwords) in 2007, 2006 and 2005. I would also like to apologise for the time taken to respond, due to Directgov recently changing governance from Central Office of Information to the Department for Work and Pensions, which has resulted in changes to the FOI process and guidance.
I wish to advise you that the information cannot be disclosed for the reasons below.
The information you requested is being withheld as it falls under the exemption in section 43(2) of the Freedom of Information Act. This exemption covers disclosure which would be likely to prejudice the commercial interests of Directgov by weakening our bargaining position with media suppliers of goods and services and also weakening our position in a competitive environment by revealing market-sensitive information or information of potential usefulness to competitors.
Section 43 is a qualified exemption and in accordance with section 2(2) of the Act the department has balanced the public interest in withholding the information against the public interest in disclosing the information.
There is a public interest in:
that there should be transparency in the accountability of the Directgov for public funds;
that Directgov should use public money effectively, to ensure that the taxpayer receives value for money when purchasing goods and services.
However, I have also considered factors that might weigh in favour of the public interest in withholding, particularly:
that Directgov maintains a strong bargaining position with our commercial suppliers during contractual negotiations;
it would not be in the public interest to disclose sensitive information about a particular company if that information would be likely to be used by competitors to gain a competitive advantage.
I am satisfied, in terms of section 2 of the Act, that in all the circumstances of this case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because disclosure would be likely to prejudice the commercial interests of the department by affecting adversely its bargaining position during contractual negotiations. This would ultimately result in less effective use of public money.
If you are not satisfied with my handling of your request or reasons for not giving you the information please tell me why within 2 calendar months of the date of this letter. I will then arrange for someone to conduct an internal review of your request and my handling of this decision. The review will be conducted by another officer, usually of a more senior grade to myself. This person will have taken no part in my original decision. You will be advised of their decision in writing.
If you are still not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP's own complaints procedure. The Commissioner can be contacted at:
FOI Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Fax: 01625 545 510
Email: xxxx@xxx.xxx.xxx.xx
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.
Yours sincerely
ANDREA HOLMES
Head of Business Management Unit
Directgov
Date Created: 02/07/08 Page 2 of 2
Date Printed: 21/07/2008 File Name: 080707 Jane Black FOI