Management of Corporate Property and Asset Information

Dear Samuel

I am writing to acknowledge receipt of your request for information under
the Freedom of Information Act (FOIA).

Your request is receiving our attention and you will hear from us again
within 20 working days at the latest.

Yours sincerely

Freya Austin

Freya Austin | Information Rights Assistant,

Information Rights, University Secretary’s Office

The Open University, Level 5, Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA
Email: [1][Open University request email]  

[2]rule.png

[3]Freedom of Information Publication Scheme

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Dear Samuel
 
Thank you for your request under the Freedom of Information Act (FOIA)
dated 14^th December.
 
Information Provided
 
I can confirm that the Open University partly holds the information
falling within the scope of your request. As requested we attach a
response in CVS format. Please note however that the information requested
in question 6 (the annual cost of the energy/metering monitoring platform)
has been exempted from release as set down below.
.
 
Intellectual Property Rights
 
This information provided in response to the FOIA will be subject to
copyright protection. In most cases the copyright will be owned by the
Open University.  The copyright in other information may be owned by
another person or organisation, and this will be indicated on the
information itself. You are free to use any information supplied for your
own non-commercial use or private study purposes.  The information may
also be used for any other purpose allowed by a limitation or exception in
copyright law, such as news reporting.  However, any other type of re-use,
for example by publishing the information in analogue or digital form,
including on an online format, will require the permission of the
copyright owner.
 
Exemptions
 
Section 43
 
The information you have requested in question 6 is exempt from disclosure
under the Freedom of Information Act (FOIA); namely Section 43(2) whereby
information the disclosure of which would, or would be likely to,
prejudice the commercial interests of any [legal] person.
 
We consider that releasing the annual cost of the  University’s
energy/monitoring platform would be likely to prejudice the commercial
interests of both the Open University and the commercial provider of that
platform. The nature of the information requested would provide a
competitor of the current providers(s) with a valuable commercial insight
into the current providers’ pricing structure which could be used
adversely against them in a highly competitive market.  Releasing this
material could therefore negatively impact upon those providers’ ability
to bid for work in similar services with other organisations in the future
or for future procurement exercises for this service with the University
as it would offer the recipient of the information an insight into other
potential providers’  commercial model.  Additionally, releasing the
information is likely to prejudice the commercial interests of the Open
University itself, as the University may re-tender the contract at a
future date for similar services and therefore giving future providers an
unfair insight into  a previously successful bid.
 
This exemption however is subject to a "public interest test" where the
University as a public authority is obliged to weigh the public interest
in releasing against the public interest in withholding the information. 
We recognise there is an overall public interest in terms of transparency
and accountability in disclosing how a public authority procures the
services it provides, however releasing the information you have requested
is likely to undermine a healthy marketplace for the services. which is in
the public interest to promote.  Additionally releasing the information
would be likely to undermine the Open University’s commercial position
which would not be in the public interest as The OU’s success enables many
people, in the UK and elsewhere, and from a very wide range of
backgrounds, to access higher education with research excellence.  We
therefore consider that the public interest in disclosing the information
is outweighed by the public interest in ensuring effective competition
within the public sector and protecting the Open University's commercial
interests.
 
 
Review
 
If you have any concerns about the way the University has observed the
provisions of the Freedom of Information Act you may apply for your
request to be reviewed.  Freedom of Information Reviews are considered by
the University Secretary or his delegate.  Your request must be submitted
within 40 working days of receipt of this letter/email. Reviews should be
addressed to the above [1]inbox, entitled “FOIA Review”, and should set
out the reasons for the review.   You will have a further right of appeal
to the [2]Information Commissioner’s Office.
 
Kind regards
 
Daniel Webb
Daniel Webb, Senior Manager Information Rights  (he/him/his)
Information Rights Team, University Secretary’s Office
t:     01908 653994
e:     [email address]
a:     The Open University, Level 5, 217 Charles Pinfold Building, Walton
Hall, Milton Keynes, MK7 6AA
 
 
 
 
 
 

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