What is your annual spend on a social listening This information is exempt from disclosure by
/media monitoring tool?
virtue of s43(2). This exemption applies when
disclosure of the requested information would,
or would be likely to, prejudice the commercial
interests of any organisation, including the
University itself.
Please see further details below.
What dates does your contract with your
July 2027.
current supplier end (month & year)?
Who is the senior person responsible?
Individual staff members do not have overall
responsibilities for contracts or services and the
University does not support or endorse the
practice of unsolicited sales calls to individual
members of staff.
S43(2) Commercial Interests
The University views disclosure of the requested information around annual spend on its social
listening/media monitoring tool as detrimental to its own commercial interests by revealing
commercially sensitive details which would be likely to:
•
harm its ability to secure best service and value for money, thereby
•
posing a threat to existing and future service and arrangements and
•
damaging the University’s reputation in business.
The University notes that disclosure under the FOIA must be considered as disclosure to the public at
large. Commercially valuable information would not normally be made public for the very reason
that it would be likely to impact existing arrangements and be detrimental to any future negotiating
position which would have negative consequences for the University’s ability to obtain value for
money and would be detrimental to the University’s communications and press operations.
Section 43(2) is a qualified exemption subject to the application of a public interest test. The
University acknowledges a general public interest in favour of transparency in relation to its finances
and procurement activities and publishes significant information to meet public interest obligations
as detailed below:
•
via published procurement and tender information
•
by the financial information that the University routinely publishes here:
https://www.bath.ac.uk/corporate-information/university-income-and-expenditure/
https://www.bath.ac.uk/publications/financial-statements-and-annual-reports/
https://www.bath.ac.uk/corporate-information/what-your-tuition-fees-pay-for/
•
and in the University’s contract award notices which are published in accordance with the
Public Contract Regulations, where all relevant contracts greater than £25k are published in
the public domain on Contracts Finder https://www.gov.uk/contracts-finder
Once released into the public domain, this valuable commercial intelligence could be sold on or used
to profit at the University’s expense. The impact that would have on the University and its press and
communications operations outweigh possible arguments as to the public interest.
For the reasons above and in the context of a sector and an organisation that conducts teaching and
research for the public benefit it is concluded that the public interest in disclosure does not
outweigh the likely harm to the commercial interests of the University. The public interest weighs
in favour of maintaining the exemption in this instance.
Complaint Rights:
If you are dissatisfied with any aspect of how your request was handled you may ask the University
to conduct an internal review. A request for an internal review must be submitted within 40 working
days of receipt by you of this response. Requests received outside this period wil only be considered
at the University's discretion and where there is a valid reason to do so.
Applications for internal review should be emailed to: The Freedom of Information Team, freedom-
xxxxxxxxxxxxxx@xxxx.xx.xx or addressed in writing to University of Bath, Claverton Down, Bath, BA2
7AY.
If you remain dissatisfied you may appeal to the Information Commissioner’s Office at Wycliffe
House, Water Lane, Wilmslow, Cheshire SK9 5AF. Further details of this process are available via the
following link:
https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/foi-and-eir-complaints/
Please note that the Information Commissioner will only consider appeals once the internal review
process has been completed.
Yours sincerely
Rebecca Warhurst
Freedom of Information Officer
