FOI/202600514605 · FOI · partially withheld
British Sign Language (BSL) National Plan 2023-2029 Consultation documentation: FOI release
Information requested
You asked for a copy of Alma’s winning bid for the tender to provide the ‘Provision of Analysis of Consultation Responses for: BSL National Plan 2023-2029 Consultation’.
Response
I enclose a copy of the information you requested as PDF attachments.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because of exemptions under sections s.38 (1)(b) (personal information) and s.33 (1) (b) (commercial interests) of FOISA applies to that information. The reasons why these exemptions apply are explained below.
An exemption under section 38(1) (b) of FOISA applies to some of the information you have requested.
In particular, this applies to personal data of a third party, i.e. the names and CVs of individuals, and disclosing it would contravene the data protection principles in the Data Protection Act and the General Data Protection Regulation. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
An exemption under section 33(1) (b) of FOISA applies to some of the information you have requested.
This exemption applies because disclosure of particular information would, or would be likely to, prejudice substantially the commercial interests of the contractor, Alma. Disclosing this information would be likely to give this organisation’s competitors an advantage in future similar tendering exercises, which would substantially prejudice their ability to submit competitive tenders and so could significantly harm their commercial business. This exemption is subject to the 'public interest test'.
Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in disclosing information as part of open, transparent and accountable government practices. However, this is outweighed by the public interest related to the risk to the company’s commercial interests.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because of exemptions under sections s.38 (1)(b) (personal information) and s.33 (1) (b) (commercial interests) of FOISA applies to that information. The reasons why these exemptions apply are explained below. An exemption under section 38(1) (b) of FOISA applies to some of the information you have requested. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption. An exemption under section 33(1) (b) of FOISA applies to some of the information you have requested.