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Our Ref: FOI8696

Dear Mr Clarke

Freedom of Information: Right to know request

Thank you for your email of 9 October 2021, in which you asked for:

‘Please provide a full copy of the bench marking exercise used by the FCA
to set the proposed pay grades for the career and grading consultation.

If there is any lawful reason for refusing to provide the full copy,
please provide as much of the bench marking exercise as you are lawfully
able to provide.’

We are handling your email as a request for information under the Freedom
of Information Act 2000 (FOIA) and our response is below. Please accept
our sincere apologies for the delay in responding.

Our decision on your request

We are unable to provide you with copy of the benchmarking exercise
undertaken, or any extract from it, as the data that underpins the
information is the intellectual property of an external provider and have
been provided to us in confidence.  Therefore, for the reasons set out in
Annex A below, we consider that section 41 (Information provided in
confidence) of FOIA applies.

Your right to complain under the FOIA

If you are unhappy with this response, you have the right to request an
internal review.  To do so, please contact us within 40 working days of
the date of this response at [1][email address].

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner by phone or on
their website at:

Telephone: 0303 123 1113

Website:  [2]www.ico.org.uk

Yours sincerely

Information Disclosure Team / Operations Division

[3]Description: cid:image001.png@01D2A7C9.64DDD390

12 Endeavour Square

London

E20 1JN

[4]www.fca.org.uk

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image003

Annex A

·                Section 41 (Information provided in confidence)

Section 41 of FOIA provides that "Information is exempt information if:

a)     it was obtained by the public authority from any other person
(including another public authority), and

b)     the disclosure of the information to the public (otherwise than
under this Act) by the public authority holding it would constitute a
breach of confidence actionable by that or any other person.”

The survey in question were provided to the FCA in confidence. 
Furthermore, the questions as a whole (and in particular they order in
which they are structured) are confidential and considered to be the
intellectual property of the external provider.

We consider that disclosure would constitute an actionable breach of
confidence.  In coming to this conclusion, we have taken the view that the
questions should be withheld as the public interest in disclosure does not
outweigh the public interest in maintaining the confidence.

Section 41 is an absolute exemption and is therefore not subject to the
public interest test under FOIA.

This communication and any attachments may contain personal information.
For more information about how and why we use personal information and who
to contact with any queries about this, please see our privacy notices:
FCA Privacy Notice (https://www.fca.org.uk/data-protection) and PSR
Privacy Notice
(https://www.psr.org.uk/cookies-privacy-a...).

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 12 Endeavour Square,
Stratford, London, E20 1JN, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

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