British Broadcasting Corporation Room BC2 B6 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Mike Leeves
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
10 May 2018
Dear Mr Leeves
Freedom of Information request – RFI20180807
Thank you for your request to the BBC of 12 April 2018, seeking the following information under
the Freedom of Information Act 2000 (‘the Act’):
“Please provide correspondence and award notices you're able to disclose for the contract:
"Wales Central Square — Structured Cabling Reference number: PROC/2017//LH" as per
http://ted.europa.eu/udl?uri=TED:NOTICE:105930-2018:TEXT:EN:HTML&src=0
The phone numbers supplied appear to be false and the contract value appears to be £1.00 for a
whole building which is either very good value or again, false.”
Response
In accordance with section 1(1) of the Act, the BBC confirms that we do hold information within
the scope of your request. However we consider this information to be exempt from disclosure
under section 43(2) of the Act as disclosure would be likely to weaken the BBC’s or a third
party’s position in a competitive environment by revealing market-sensitive information or
information of potential usefulness to competitors.
As section 43 is a qualified exemption, the BBC is required by section 2(2) of the Act to consider
the public interest factors in this case. Specifically, we looked at whether in all the circumstances
of the case, the public interest in maintaining the exemption outweighs the public interest in
disclosing the information.
In favour of disclosure, we recognised that there is a public interest in the following;
that the BBC’s commercial activities (including the procurement process) are conducted in
an open and honest way.
that there is transparency in the accountability of the BBC for public funds;
that the BBC is using public money effectively, and that the BBC is getting value for money
when purchasing goods and services; and
that business can respond better to opportunities with the BBC.
On the other hand, in considering factors that might weigh in favour of the public interest in
withholding, we took into account;
That companies, or individuals provide the BBC with commercially sensitive information,
so that the BBC is able to make robust decisions regarding its suppliers of goods and
services, including ensuring that the BBC obtains the best value for money from each
transaction;
That the BBC maintains a strong bargaining position vis-à-vis suppliers during contractual
negotiations in order to ensure that the licence fee is spent effectively;
That the competitive position of companies in their particular market is not disadvantaged
by doing business with the BBC. It would not be in the public interest to disclose sensitive
information about a particular company if that information would be likely to be used by
competitors to gain a competitive advantage.
It would not be in the public interest to disclose sensitive information about a particular company
if that information would be likely to be used by competitors to gain a competitive advantage.
I am therefore satisfied, in terms of section 2 of the Act, that in all the circumstances of the case,
the public interest in maintaining the exemption outweighs the public interest in disclosing the
information.
Appeal Rights
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review and including your reference
number.
If you are not satisfied with the internal review, you can appeal to the Information Commissioner.
The contact details are: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow SK9 5AF. Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate) or see
http://www.ico.org.uk/.
Yours sincerely
Information Rights
Freedom of Information
From January 2005 the Freedom of Information (FOI) Act 2000 gives a general right of access to all types of
recorded information held by public authorities. The Act also sets out exemptions from that right and
places a number of obligations on public authorities. The term “public authority” is defined in the Act; it
includes all public bodies and government departments in the UK. The BBC, Channel 4, S4C and MG Alba
are the only broadcasting organisations covered by the Act.
Application to the BBC
The BBC has a long tradition of making information available and accessible. It seeks to be open and
accountable and already provides the public with a great deal of information about its activities. BBC
Audience Services operates 24 hours a day, seven days a week handling telephone and written comments
and queries, and the BBC’s website bbc.co.uk provides an extensive online information resource.
It is important to bear this in mind when considering the Freedom of Information Act and how it applies to
the BBC. The Act does not apply to the BBC in the way it does to most public authorities in one significant
respect. It recognises the different position of the BBC (as well as Channel 4 and S4C) by saying that it
covers information “held for purposes other than those of journalism, art or literature”. This means the
Act does not apply to information held for the purposes of creating the BBC’s output (TV, radio, online
etc), or information that supports and is closely associated with these creative activities.
A great deal of information within this category is currently available from the BBC and will continue to be
so. If this is the type of information you are looking for, you can check whether it is available on the BBC’s
website bbc.co.uk or contact BBC Audience Services.
The Act does apply to all of the other information we hold about the management and running of the BBC.
The BBC
The BBC's aim is to enrich people's lives with great programmes and services that inform, educate and
entertain. It broadcasts radio and television programmes on analogue and digital services in the UK. It
delivers interactive services across the web, television and mobile devices. The BBC's online service is one
of Europe's most widely visited content sites. Around the world, international multimedia broadcaster BBC
World Service delivers a wide range of language and regional services on radio, TV, online and via wireless
handheld devices, together with BBC World News, the commercially-funded international news and
information television channel.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and Agreement. It
is the responsibility of the Ofcom (the BBC’s independent regulator) to ensure that the
organisation delivers against this remit by setting key objectives, approving strategy and policy, and
monitoring and assessing performance. Ofcom also safeguard the BBC's independence and ensure
the Corporation is accountable to its audiences and to Parliament.
Day-to-day operations are run by the Director-General and his senior management team, the Executive
Board. All BBC output in the UK is funded by an annual Licence Fee. This is determined and regularly
reviewed by Parliament. Each year, the BBC publishes an Annual Report & Accounts, and reports to
Parliament on how it has delivered against its public service remit.
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