Request ID: FOI-0175-2122 Date published: 09 June 2021
You asked
I'd like to make a freedom of information request for the Wide Area Networks and Network Access contract which I believe was awarded to Capita Business Services Ltd in Dec 2017.
It is not necessary to release any subsequent variations to the contract or work orders which relate to specific projects however please include any supplementary elements of the contract which relate to the delivery of project works in general.
We answered
TfL Ref: FOI-0175-2021
Thank you for your request received by Transport for London (TfL) on 26 April 2021, asking for the Wide Area Networks and Network Access contract with Capita Business Services Ltd.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require.
Please find the requested contract attached.
However, in accordance with the FOI Act, we are not obliged to supply detailed financial information contained within the contract as it is subject to a statutory exemption to the right of access to information under 43(2) – commercial interests. In this instance, the exemption has been applied as disclosure of this information would be likely to prejudice the commercial interests of TfL and/or Capita.
Disclosing details regarding pricing and rates would prejudice TfL’s position in ensuring it has an unconstrained bargaining leverage in any future negotiations TfL may undertake in regard to this area.Likewise Capita would suffer prejudice to its commercial interests if the financial specifications contained within the contract were disclosed. The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that TfL is able to obtain the best value for public money with regards to the service provided to maintain the scheme, outweighs the general public interest in increasing transparency of TfL’s processes.
Furthermore, in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.
This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.
If you are considering submitting a further request please think carefully about whether the request is essential at this current time, as answering FOI/EIR requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Eva Hextall FOI Case Management Team General Counsel Transport for London
