Documents relating to a previous FOIA request

Josh Walker made this Freedom of Information request to Royal Mail Group Limited

The request was refused by Royal Mail Group Limited.

From: Josh Walker

7 July 2009

Dear Sir or Madam,

I previously made a FOIA request to Royal Mail regarding the
Specification for the Tag Code and Route Code barcodes.

Royal Mail's reply stated:

"The encoding and decoding algorithms are proprietary to Royal Mail
but are provided in the form of software supplied under license. We
believe that this information constitutes a 'trade secret' of the
third party licensor
and is therefore exempt from disclosure under section 43 of the
Freedom of Information Act. The use of this exemption is subject to
the public interest test. However, we believe that the public
interest is best served by withholding the information. The
information is of purely technical nature which would not inform
any public debate over the provision of mail services or increase
transparency in any decision making process. Further, it is not in
the public interest to undermine the commercial value of this
information."

"Conditions of the license for this information are also such that,
we understand it would be a breach of confidence for Royal Mail to
release the data. We believe this information is therefore also
exempt under Section 41 of the Freedom of Information Act. This is
an absolute exemption and not subject to the public interest test."

I would like to know all of the details leading up to these
paragraphs being present in the reply that I received, including,
but not limited to:

(1) a complete copy of the license that is referred to

(2) a complete copy of any legal advise

(3) a complete copy of any letters, emails, agendas of meetings,
minutes of meetings, etc.

Yours faithfully,

Josh Walker

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Royal Mail Group Limited

7 July 2009


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Dear Mr Walker

Thank you for your request for information received on 07/07/2009, which
we are considering under the Freedom of Information Act. Under the Act
you should expect a reply from us to be sent by 04/08/2009, which is
twenty working days from receipt of your request.

If for any reason we are unable to provide you with a full response within
that time, we will contact you explaining the reasons for this and giving
a revised date by which we will reply.

If in the mean time you have any questions or would like to contact us
about your request, please contact us by telephone 01252 806513 or
alternatively email or write to us at the address below. Please be
assured that we are giving this our attention and will get back to you
shortly.

Yours sincerely

John Cere
[1][Royal Mail Group request email]
Freedom of Information Unit
PO Box 341, ALDERSHOT, GU11 1WW

Royal Mail is a trading name of Royal Mail Group Ltd. Registered in
England and Wales.
Registered number 4138203. Registered office at 148 Old Street, LONDON
EC1V 9HQ

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1. mailto:[Royal Mail Group request email]

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Royal Mail Group Limited

4 August 2009

Dear Mr Walker

I am writing in response to your request for information dated 07 July
2009. You requested "all of the details leading up to" our response to an
earlier request for information which you submitted to Royal Mail Group
(Our Reference JCEE-7T3C4A). You asked for this to include the following:

(1) a complete copy of the license that is referred to

(2) a complete copy of any legal advise

(3) a complete copy of any letters, emails, agendas of meetings,minutes of
meetings, etc.

Our response to your request was based on discussions between the FOI team
and relevant individuals within Royal Mail. In relation to the licence
covering the software in question, this information is considered to be
commercially sensitive and exempt from disclosure under section 43 of the
Freedom of Information Act. Royal Mail Group operates as a public limited
company and competes in a fully liberalised and highly competitive market
on strictly commercial terms. Our use of external suppliers is taken as a
commercial decision and publishing details of our arrangements would
prejudice Royal Mail's operations and our relationship with the supplier.

The exemption under section 43 is subject to the public interest test but
we believe that public interest is best met by applying the exemption.
There is strong public interest in protecting the commercial viability of
Royal Mail Group and in maintaining confidentiality where appropriate for
commercial organisations. We also consider the public interest is strongly
in favour of withholding information where our suppliers’ commercial
interests and our contractual relationship with them could also be
prejudiced.

No legal advice was sought in relation to your request for information.
Please note that legal professional privilege covers communications between
lawyers and their clients for the purpose of obtaining legal advice. Any
advice sought by Royal Mail would be legally privileged and therefore
covered by the exemption under section 42 of the Freedom of Information
Act, subject to the public interest test. Your request was not discussed
in any meetings and therefore, no relevant minutes are held. We do hold
copies of our emails to you which explained the reasons for withholding
some information and provide further copies of this correspondence if you
require them.

If you are unhappy with this response you do have a right to request an
internal review. In which case please write to the Head of Information
Compliance, Royal Mail Group, Company Secretary's Office, 100 Victoria
Embankment, LONDON, EC4Y 0HQ. An internal panel will then review this
response, and you will be advised of the outcome. We have of course
received your request for an Internal Review of your original request for
information. We are giving this our full attention taking into account all
the points raised in your separate email of the 7th July. We will respond
to you in full about that request once that review has been completed.

If, having requested an internal review by Royal Mail, you are still not
satisfied with our response you also have a right of appeal to the
Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely

Colin Young
Freedom of Information Manager
Company Secretary's Office
[Royal Mail Group request email]

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