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Request
Q1. Do you have a print contract for your general office printers or multi-functional devices (MFDs), if so, please provide the name of the contract provider?
Q2. Please confirm the start and end date of each contract named in question 1.
Q3. Please confirm the end date of any extension periods for each contract named in question 1.
Q4. When do you intend to start re-tendering for each contract named in question 1.
Q5. How many printers and MFDs are deployed across your organisation?
Q6. What is your annual output (print and copy) volume (mono and colour) and spend?
Q7. Who is the person(s) within your organisation responsible for these contract(s)? please provide their role/title and contact details?
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the following information to you.
Q1. Konica.
Q2. 1 June 2024 to 31 May 2026.
Q3. Not applicable.
Q4. 12 to 18 months before expiry.
Q5. 113.
Q6. Black and white – 2059233, Colour – 2250484
I am exempting details of spend pursuant to Section 43(2) of the Freedom of Information Act 2000 (the Act). Please see exemption explanation below.
Q7. I am exempting the contact details of staff pursuant to Section 40(2) of the Act. Please see the exemption explanation below.
The contracts team can be contacted using the below email:
[email protected]
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies
Section 43(2) – Commercial Interests
This is a qualified, class based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure. This exemption applies because the disclosure of the requested information would, or would be likely to, prejudice commercial interests.
Public Interest Test
Factors Favouring Disclosure
There is a strong public interest in the efficiency of public sector spending. Releasing the information would provide the public with the knowledge on what the force spend on the subject matter. Disclosure would provide openness, displaying that public funds are being spent correctly and efficiently.
Factors Favouring Non-Disclosure
Disclosure of suppliers products into the public domain would likely deter suppliers from entering future tendering processes and it would put their competition at advantage. This would also impact North Yorkshire Police’s and other force’s ability to conduct fair tendering. Trust would be lost in the forces ability to conduct business and the community would be affected by the force being unable to spend public funds as effectively.
Balancing Test
The disclosure of commercially sensitive information would prejudice the commercial interests of the company involved and may deter them and others from participating in future procurement initiatives. There is a strong public interest against disclosure where that disclosure would be likely to prejudice the Force’s own commercial interests. Disclosure of the information would be likely to adversely affect the bargaining position of North Yorkshire Police during future contractual negotiations relating to current and future contracts which would result in less effective use of public money.
The public interest would not be served where disclosure of commercial information would hinder fair and open competition for public sector contracts. As such the balance is considered in favour of non-disclosure.
Section 40(2) – Personal Information
Section 40(2) is an absolute class-based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Pursuant to Section 17(1) of the Act this acts as a Refusal Notice in relation to the exempted parts of your request.