TM44 Air Conditioning Assessment

Paul Evans

[[1]mailto:[FOI #353138 email]]

 

 

Dear Mr Evans

 

FOI REQUEST - TM44 Air Conditioning Inspections (Bishop Grosseteste
University)

Emailed: 19 August 2016 15:29

 

I acknowledge receipt of your Freedom of Information request relating to
TM44 Air Conditioning Inspections (a copy of your full request is attached
below).

 

The request will be handled under the terms of the Freedom of Information
Act 2000, within 20 working days.  This means that, after taking into
account the bank holiday on 29 August,  you can expect to receive a
response from us by 19 September 2016.

 

Please contact me if you have any queries about this email or about the
progress of your request ([2][email address]).

 

If you are dissatisfied with the service you receive in relation to your
request, and wish to make a complaint or request an internal review, then
please write to Dr Anne Craven, Registrar and Secretary, Bishop
Grosseteste University, Lincoln LN1 3DY ([3][email address]).

 

If you are not content with the outcome of a complaint or internal review,
you have the right to appeal to the Information Commissioner.  Generally,
however, she cannot make a decision unless you have exhausted the
complaints and review procedures provided by the University itself.  The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire  SK9
5AF.

 

Yours sincerely

 

Guenever Moyes

Archivist & Records Manager

 

 

___________________________________

 

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Bishop Grosseteste University

Lincoln

LN1 3DY

_____________________________________________________

 

Telephone   (01522) 583792   |   Email   [5][email address]

Twitter   [6]www.twitter.com/bishopglibrary   |   Facebook 
 [7]www.facebook.com/bishopglibrary   |   Website   [8]www.bishopg.ac.uk

 

 

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Paul Evans

[[1]mailto:[FOI #353138 email]]

 

Dear Mr Evans

 

FOI REQUEST - TM44 Air Conditioning Inspections (Bishop Grosseteste
University)

Emailed: 19 August 2016 15:29

Acknowledged: 22 August 2016 10:03

 

I write in response to your recent request relating to TM44 Air
Conditioning Inspections.

 

The information you requested is as follows:

 

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Q.1   Are you responsible for any buildings with more than 12kw of air
conditioning present?

 

Yes

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Q.2   Who is the responsible person for ensuring that your buildings are
inspected and reports lodged?  Please provide the name, address, and
telephone number of the responsible person?

 

Name & Job Title:                               Craig Stacey, Maintenance
Engineer

Postal Address:                                    Bishop Grosseteste
University, Longdales Road, Lincoln  LN1 3DY

Email address:                                    
[2][email address]

Telephone Number:                            01522 585638

 

Please note the following:

 

In providing staff names and contact details, the University is not
consenting to staff receiving any unsolicited advertising or direct
marketing by electronic means (including phone calls, telemarketing,
voicemails, text messaging, emails, faxes, picture or video messages, and
calls made through automated calling systems).  We therefore request that
no unsolicited electronic communications be sent or made for goods,
services or promotions.  The Information Commissioner strongly recommends
that any requests received from corporate organisations and subscribers
asking not to receive unsolicited electronic communications should be
respected.

 

Guidance from the Information Commissioner’s Office (ICO) also refers to
the right (under the Data Protection Act 1998) of individual employees
with personal corporate email addresses to require that those addresses
are not used for marketing purposes.

 

In order to comply with the DPA, data controllers must comply with eight
data protection principles set out in the schedules to the Act.  The first
data principle requires that personal data should be processed fairly and
lawfully and may not be processed unless the data controller can satisfy
one of the conditions for processing set out in the DPA.  “Processing”
broadly means the collection, use, disclosure, retention or disposal of
personal data.  Under this principle, organizations will usually need
consent from data subjects to pass on their personal details to other
organizations; if they cannot show that they had valid consent to do so,
they may be subject to enforcement action.  (For the fair and lawful
processing of personal data, see:
[3]https://ico.org.uk/for-organisations/gui...)

 

Direct marketing is defined in Section 11(3) of the Data Protection Act
(DPA) as the communication (by whatever means) of any advertising or
marketing material which is directed to particular individuals.

 

This definition also applies with regard to the Privacy and Electronic
Communications (EC Directive) Regulations 2003, amended by the Privacy and
Electronic Communications (Amendment) Regulations 2011 (PECR), since
regulation 2(2) of PECR provides that any expressions used in the
Regulations that are not defined in paragraph 1 but are defined in the
Data Protection Act shall have the same meaning as in that Act.  The
definition covers any means of communication (though PECR rules only apply
to electronic communication).

 

Consent is central to the rules on direct marketing and, under PECR,
organisations will generally need an individual’s consent before they can
send marketing texts, emails or faxes, or make any automated marketing
calls.

 

The following guidance on direct marketing from the Information
Commissioner’s Office provides an overview of how legislation and
regulation (including the DPA and PECR) apply to the use of electronic
messages for marketing purposes:

[4]http://ico.org.uk/for_organisations/guid...

 

The ICO website provides additional guidance explaining the main
provisions of PECR and how they apply to marketing (whether by email,
text, phone or fax):

[5]https://ico.org.uk/for-organisations/gui...

[6]https://ico.org.uk/for-organisations/gui...

PECR have been amended four times (most recently in 2015 and 2016) and
this guide covers the latest version of PECR which came into effect on 16
May 2016.  It provides details of where to find links to the full text of
the original PECR and to the exact changes made in subsequent amendment
regulations.

[7]https://ico.org.uk/for-organisations/gui...

[8]https://ico.org.uk/for-organisations/gui...

[9]https://ico.org.uk/for-organisations/gui...

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Q.3   If your TM44 Air Conditioning Inspection Certificates are in place,
what is their expiry date?

 

05/10/2021

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Q.4   What was the order value of the works placed with the Company which
undertook the work?

 

Whilst I can confirm that we hold this information, we are withholding it
under Section 43.2 of the Freedom of Information Act 2000 (Commercial
Interests).  Section 43 is a prejudice-based and qualified exemption. 
This means that we must first be satisfied that releasing the requested
information would, or would be likely, to prejudice or damage someone’s
commercial interest (including the University’s own commercial
interests).  This is referred to as the prejudice test.  After considering
the case, we take the view that disclosure of the information would be
likely to prejudice the University’s commercial position as a purchaser of
goods and services.

 

Having satisfied ourselves that the exemption is engaged, we must then go
on to consider whether there is an overriding public interest in providing
the information (referred to as the public interest test).  This involves
weighing the prejudice resulting from possible disclosure against the
likely benefit to the wider public.  In this case, we considered:

 

i.                    the public interest in ensuring that the University
is able to participate competitively and fairly in a commercial activity
such as the purchase of goods and services

ii.                   the public interest in ensuring that we as a public
authority get value for money when purchasing goods or services

iii.                 the public interest in ensuring that commercial
companies are able to compete fairly in the provision and sale of goods
and services

iv.                 the public interest in scrutinizing how public money
is spent (including issues of accountability and transparency), and

v.                   the public interest in ensuring that there is
competition for public sector contracts.

 

Having taken all these issues into account and considered where the
balance of the public interest lies, we are satisfied that the public
interest in withholding information relating to the order value of
contracts outweighs the public interest in disclosure. This is because we
believe that disclosing details of the value of our current or most recent
contracts would be likely to weaken the University’s bargaining position
in the market-place when procuring or purchasing similar services in the
future. This would prejudice the commercial interests of the University as
a purchaser which we do not consider would be in the public interest.  In
addition, there is a public interest in ensuring that there is competition
for public sector contracts and that commercial companies are able to
compete fairly and without disadvantage.  Although information released
under the Freedom of Information Act is released to the world at large, we
believe that disclosing information relating to current contracts could
nevertheless result in some companies having an unfair advantage in any
future procurement or tendering process, which we do not believe would be
in the public interest.

 

Detailed guidance on this exemption has been published by the Information
Commissioner’s Office, including the following:

[10]http://ico.org.uk/for_organisations/guid...

 

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Q.5   How many Certificates were produced?

 

7

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Q.6   Was the TM44 Inspector independent as required under the
Regulations?

 

Yes

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Q.7   Name the Inspector Organisation.

 

Green Zone Surveys (UK) Ltd

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Please contact me if you have any queries about this email or the
information provided ([11][email address]).

 

If you are dissatisfied with the service you have received in relation to
your request, and wish to make a complaint or request an internal review,
then please write to Dr Anne Craven, Registrar and Secretary, Bishop
Grosseteste University, Lincoln LN1 3DY ([12][email address]).

 

If you are not content with the outcome of a complaint or internal review,
you have the right to appeal to the Information Commissioner.  Generally,
however, she cannot make a decision unless you have exhausted the
complaints and review procedures provided by the University itself.  The
Information Commissioner can be contacted at The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire  SK9
5AF.

 

Yours sincerely

 

Guenever Moyes

Archivist & Records Manager

 

___________________________________

 

[13]Description: Description: Description: Description: Description:
Description: Description: Description: Description: Description:
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Bishop Grosseteste University

Lincoln

LN1 3DY

_____________________________________________________

 

Telephone   (01522) 583792   |   Email   [14][email address]

Twitter   [15]www.twitter.com/bishopglibrary   |   Facebook 
 [16]www.facebook.com/bishopglibrary   |   Website   [17]www.bishopg.ac.uk

 

 

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