FOI request (FOIR-683160522)

Parking/traffic/highway/accessible transport services

Requested Thu 30 January 2025
Responded Thu 20 February 2025

I am writing to request information regarding the software used to support your parking/traffic/highway/accessible transport services. Please find attached a spreadsheet that I kindly ask you to complete with the relevant details.

Response

Please see attached, the completed document as requested.

NOTICE OF REFUSAL

The information you have requested in terms of the company used and value of contract is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information - Information prejudicing commercial interests - commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a. accountability of public spending.

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a. ensuring that companies are able to compete for business fairly.

b. damage to reputation and/or financial interests.

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above, we will not be communicating to you the information you have requested.

NOTICE OF REFUSAL

Members of staff below senior level are exempt under Section 40(2) of the Freedom of Information Act 'personal data'.

This is an absolute exemption and so a public interest test does not apply.

Hastings Borough Council will not be disclosing the names of staff that deal with the day-to-day functions of these contracts.

Attachments

• FOIR-683160522_FOIR-683160522_1-FOI683160522.xlsx