+ Post New Thread
Page 2 of 5 FirstFirst 12345 LastLast
Results 16 to 30 of 64
General Chat Thread, FOI Request about my printers.... in General; ...
  1. #16

    featured_spectre's Avatar
    Join Date
    Nov 2008
    Posts
    12,505
    Thank Post
    1,684
    Thanked 2,054 Times in 1,491 Posts
    Blog Entries
    2
    Rep Power
    464
    If it is information which would breach DPA, all you need to say is "DPA prevents me from disclosing this" and that is it. Anything where contracts (or any details within the contract) or identifiable information for people is involved, that is covered.

    Anything on numbers of machines, brands and such like which are NOT covered by contracts and such like, can be disclosed. A reasonable cost is anywhere from £10 - £500 depending on how much information is required, how long it took to gather together and such like.

  2. #17
    mthomas08's Avatar
    Join Date
    Jun 2008
    Posts
    1,670
    Thank Post
    142
    Thanked 184 Times in 154 Posts
    Rep Power
    66
    I think some may be missing the point, the print company is simply using it as an excuse to know what you got and if they can sell you something. I have yet to hear a single case where it was rejected and the company took legal action. Course its all possible they will, they are just simply being "jerks" over it all.

    Personally I know I will get one sooner or later, I will type up the information, save it as a template, send it to the company and add: I will never do business with you.

    As others have said though you are well within your right to charge for that information "Admin costs".

    Edit: Can you name and shame the company please. Nothing wrong with doing that you have only copied the email they sent you.
    Last edited by mthomas08; 14th February 2014 at 02:20 PM.

  3. #18

    sparkeh's Avatar
    Join Date
    May 2007
    Posts
    7,231
    Thank Post
    1,446
    Thanked 1,859 Times in 1,252 Posts
    Blog Entries
    22
    Rep Power
    559
    Quote Originally Posted by mthomas08 View Post
    I think some may be missing the point, the print company is simply using it as an excuse to know what you got and if they can sell you something.
    Yeah pretty sure we all get that. Just helping to formulate a response...

  4. #19
    Galway's Avatar
    Join Date
    Jun 2007
    Location
    West Yorkshire
    Posts
    1,463
    Thank Post
    9
    Thanked 345 Times in 238 Posts
    Rep Power
    107
    I speculate that any supplier who uses FOI requests here would get a lifetime ban on any chance to supply the school.

  5. #20

    sonofsanta's Avatar
    Join Date
    Dec 2009
    Location
    Lincolnshire, UK
    Posts
    5,375
    Thank Post
    958
    Thanked 1,630 Times in 1,103 Posts
    Blog Entries
    47
    Rep Power
    711
    I am certain there is specific wording somewhere regarding companies doing this - requesting information as market research for commercial gain. FoI is meant to be for information in the public interest, not in a specific company's interest. Jiggered if I can track that information down now though...

  6. #21

    Garacesh's Avatar
    Join Date
    Jan 2012
    Posts
    3,428
    Thank Post
    1,310
    Thanked 503 Times in 369 Posts
    Rep Power
    240
    We all can see this is a commercially-based FOI request (and thus, null) but remember @Little-Miss that you do have to respond in some manner or another.

    Either give them "I cannot comply to answer this question due to the Data Protection Act, 1998" on everything you can, and only give them the bare-minimum on the ones you can't use it on, or just e-mail back stating you are not willing to answer this FOI request under Section 43: Commercial Interest (but for that you'd need to know it was coming from a company, so if the e-mail address is a person one you're probably better off going with DPA)

  7. #22
    DaveCoop's Avatar
    Join Date
    Feb 2009
    Posts
    85
    Thank Post
    6
    Thanked 2 Times in 2 Posts
    Rep Power
    12
    I Had the same thing last year and it annoyed me !! I have enough to do already without this, however I checked with my LEA FOI people, who said it is legit and I have to answer so I devised a cunning cat and mouse plan

    This was my response (The question was exactly the same as the post):

    Mr Ashdown, Please note that the request needs to be completed within 20 School days not the 20 days as stated! This will put our formal response to the 13 May taking into account bank holidays.

    The services and communications request will be a chargeable at a rate of £25 Per Hour as the records are held with our current providers, unfortunately this will incur a charge.

    Please advise on how you would like me to proceed !

    If you could respond as soon as possible, I will start by making contact with our providers.

    Thank You

    So that was my first response and he replied with this

    Hi,
    Thank you for your quick response and providing details of cost. I note your clarification of timing.
    I appreciate this is quite a large request and understand why you would need to charge a fee.
    Would it be possible to provide answers to questions 1-3 please (leaving out the longer question 4 which I appreciate is quite large) without charging me or taking-up too much of your valuable time?
    I’d very much appreciate your further assistance in this matter.
    Best Regards,

    So I then replied

    Mr Ashdown, Please could you resubmit your request for the information as your request has now changed. once this request has been resubmitted I can the look at any charges you will incur for this service.

    Thank You

    however he didn't respond after that, so i saved the e-mails just in case it was a legit question, but as soon as I mentioned the cost funnily enough the information was important anymore

    Naughty I know but why should I waste hours so a company can get all of the details about my network and sell them on so I get harassed by sales calls

  8. #23

    sonofsanta's Avatar
    Join Date
    Dec 2009
    Location
    Lincolnshire, UK
    Posts
    5,375
    Thank Post
    958
    Thanked 1,630 Times in 1,103 Posts
    Blog Entries
    47
    Rep Power
    711
    Right, some relevant points from ICO:
    Most relevant here, http://ico.org.uk/for_organisations/...RDPARTIES.ashx specifically discusses "Commercial detriment of third parties"

    Pages 6-7 of http://ico.org.uk/for_organisations/..._07_03_08.ashx discuss commercial interests including competitive markets

    http://ico.org.uk/for_organisations/..._07_03_08.ashx discusses public sector contracts

    From the first PDF linked above: If a public authority believes that by responding to a FOIA request it will prejudice the commercial interests of a third party, then it should when necessary (for example to determine whether or not an exemption applies) and wherever possible consult the third party for its view. The public authority must not speculate as to whether there is any commercial detriment and the reasons why without any evidence or input from the third party.

    In essence: ask your existing supplier if they believe this information would be detrimental to their commercial interests. If they say yes, you can refuse the request.

    If you buy your stuff from (say) eBuyer or Amazon, just reply stating that you purchase consumables etc. there and that information is publicly available at their website.

  9. #24

    localzuk's Avatar
    Join Date
    Dec 2006
    Location
    Minehead
    Posts
    18,530
    Thank Post
    527
    Thanked 2,648 Times in 2,049 Posts
    Blog Entries
    24
    Rep Power
    925
    1. Existing / Current supplier:
    2. Hardware Brand(s):
    3. Number of Machines:
    4. Total Contract Value: (for the duration of the whole contract, if the total value given is per annum please state this in the response)
    5. Duration: (Please can you also include notes if the contract includes any extension periods)
    6. Contract Expiry Date:
    7. Contract Review Date: (An approximate date of when the organisation is planning to review this particular contract)
    8. Internal Contact: (the person from within the organisation that is responsible for reviewing and renewing this particular contract. Please include their full name, job title, direct contact number and direct email address)

    If you do not have any contracts and are therefore owned outright then I would be greatful if you could please supply the following information:-

    1. Hardware Brand(s):
    2. Number of Machines:
    3. Approximate Purchase Date:
    4. Approximate Annual Spend on Consumables:
    5. Internal Contact: : (the person from within the organisation that is responsible for sourcing the machines. Please include their full name, job title, direct contact number and direct email address)
    1. A company name is not a piece of personal data under the DPA. Only information about individuals is covered. However, I'd say that it is potentially commercially sensitive.
    2. Fine to reply to.
    3. Fine to reply to.
    4. Commercially sensitive.
    5. Potentially commercially sensitive.
    6. Potentially commercially sensitive.
    7. Potentially commercially sensitive.
    8. Data Protection Act.

    Second bit:

    1. Fine to reply to.
    2. Fine to reply to.
    3. Fine to reply to.
    4. As this is an aggregate figure, it could be provided. However, I'd figure out how long it'd take to gather the information in hours - if those hours would be above £450 in costs, you can refuse.
    5. Data Protection Act.

    Yes, the FOI is there to provide transparency to public institutions, and the default response should be to provide information, however this should not break the Data Protection Act and should not damage the interests of the institution by damaging future commercial contracts.

    Quote Originally Posted by DaveCoop View Post
    The services and communications request will be a chargeable at a rate of £25 Per Hour as the records are held with our current providers, unfortunately this will incur a charge.
    Would it have taken 18 hours to gather the information? If not, then no charge is allowed to be levied.

    Mr Ashdown, Please could you resubmit your request for the information as your request has now changed. once this request has been resubmitted I can the look at any charges you will incur for this service.
    A FOI request does NOT have to follow a formal procedure - a normal email as sent there asking for the altered info is a request under the act.

    So, technically, you broke the FOI there.

    Most institutions have a single point of contact for FOI requests. Here, for example, if anyone receives a request it is always forwarded to that person and then they organise it - even if it comes back to us to process. That way, that person actually knows the law and knows how to formulate a correct response.

    If you fail to respond, the requester can take it to the ICO and the school can get in trouble for it. Not to mention, it is not your job or right to restrict the information in a publicly funded institution - whether you like it or not.
    Last edited by localzuk; 14th February 2014 at 02:50 PM.

  10. #25
    d0pefish's Avatar
    Join Date
    Jul 2012
    Posts
    341
    Thank Post
    0
    Thanked 117 Times in 38 Posts
    Rep Power
    68
    Provide info then kindly inform them that due to the underhand tactics they have employed they will never be considered for the opportunity to supply your establishment

  11. #26

    Little-Miss's Avatar
    Join Date
    Oct 2007
    Location
    London
    Posts
    5,558
    Thank Post
    2,416
    Thanked 800 Times in 481 Posts
    Blog Entries
    2
    Rep Power
    552
    Oh, i will reply...with as little infomation as i can get away with.

    They're certainly not having my contact information....

    It's just the under-handeded way of gaining what looks like marketing information which has peeved me.

  12. #27

    localzuk's Avatar
    Join Date
    Dec 2006
    Location
    Minehead
    Posts
    18,530
    Thank Post
    527
    Thanked 2,648 Times in 2,049 Posts
    Blog Entries
    24
    Rep Power
    925
    Oh, also, you are fully entitled to append a "This information is not to be used for commercial purposes." when you do send it.

  13. #28

    Little-Miss's Avatar
    Join Date
    Oct 2007
    Location
    London
    Posts
    5,558
    Thank Post
    2,416
    Thanked 800 Times in 481 Posts
    Blog Entries
    2
    Rep Power
    552
    Oh lookie here

    To Whom It May Concern,

    **Please accept this email as an official withdrawal of my below request.**

    To clarify the reason for my request:-

    We have recently secured funding from one of the leading manufactures, to be able to supply new print and photocopying equipment to schools, colleges and universities at a reduced rate. Given the amount of funding that is available we anticipate been able to assist around 50 different schools in the area and the below request was to find the top 50 schools that could benefit from some new equipment at a reduced rate.

    I would like to apologise for any confusion surrounding my request.

  14. #29

    sparkeh's Avatar
    Join Date
    May 2007
    Posts
    7,231
    Thank Post
    1,446
    Thanked 1,859 Times in 1,252 Posts
    Blog Entries
    22
    Rep Power
    559
    Quote Originally Posted by Little-Miss View Post
    Oh lookie here
    The forum walls have eyes

  15. #30

    LosOjos's Avatar
    Join Date
    Dec 2009
    Location
    West Midlands
    Posts
    5,771
    Thank Post
    1,511
    Thanked 1,294 Times in 884 Posts
    Rep Power
    813
    Quote Originally Posted by Little-Miss View Post
    Oh lookie here
    To Whom It May Concern,

    **Please accept this email as an official withdrawal of my below request.**

    To clarify the reason for my request:-

    We have recently secured funding from one of the leading manufactures, to be able to supply new print and photocopying equipment to schools, colleges and universities at a reduced rate. Given the amount of funding that is available we anticipate been able to assist around 50 different schools in the area and the below request was to find the top 50 schools that could benefit from some new equipment at a reduced rate.

    I would like to apologise for any confusion surrounding my request.
    Looks like someone has torn them off a strip about their underhanded approach! Bad grammar annoys me too. Definitely one to avoid.



SHARE:
+ Post New Thread
Page 2 of 5 FirstFirst 12345 LastLast

Similar Threads

  1. Another question about my Samsung Monte
    By mattx in forum General Chat
    Replies: 3
    Last Post: 26th April 2010, 10:53 PM
  2. Replies: 3
    Last Post: 17th November 2009, 01:11 PM
  3. Random Question about my Car!!
    By oalcock in forum General Chat
    Replies: 13
    Last Post: 5th October 2009, 11:30 AM
  4. Do I need any of these protocols enabled on my printers?
    By sidewinder in forum Wireless Networks
    Replies: 4
    Last Post: 17th October 2007, 12:05 PM
  5. Will anybody buy my printers???!!!!
    By tmansbridge in forum General Chat
    Replies: 5
    Last Post: 6th February 2006, 04:22 PM

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •