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My advice received on this was:

Only that the reply supplied by BB is somewhat inaccurate!!

S41 simply does not apply - this is not a legal confidence

S43 does not apply - disclosure would not affect the College's commercial interests.

Blackboard's commercial interests are neither here nor there.

Who lets a supplier write their FOI policy for them? In what way is that acceptable?

Cheers

George Wraith

Head of ICT

CORPORATE SERVICES - ICT

New College Durham | Room No. Gr1.11 | Framwellgate Moor | Durham | DH1 5ES

Telephone: +44 (0) 191 375 4415 (Direct Line)
Mobile: +44 (0) 7817458203

Email: [log in to unmask]
Website: www.newcollegedurham.ac.uk

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From: Blackboard/Courseinfo userslist [mailto:[log in to unmask]] On Behalf Of Anne Cunningham
Sent: 14 December 2012 13:52
To: [log in to unmask]
Subject: Re: Fwd: Blackboard's response to the recent FOI request

But surely the FOI request is to the university not to Blackboard. Is it commercially sensitive to the university (ie public body) to reveal this information? Surely that is the question.

Anne Marie

PS Not sure if I've posted before, so hello!

Dr. Anne Marie Cunningham,
Clinical Lecturer, Institute of Primary Care and Public Health,
Academic Lead for eLearning,
School of Medicine,
Cardiff University,
3rd Floor Neuadd Meirionydd,
Heath Park,
Cardiff,
CF14 4XN

http://about.me/amcunningham

-----Blackboard/Courseinfo userslist <[log in to unmask]> wrote: -----

To: [log in to unmask]
From: Mark Gamble
Sent by: Blackboard/Courseinfo userslist
Date: 12/14/2012 01:47PM
Subject: Fwd: Blackboard's response to the recent FOI request

Hi All

Having seen Anthony yesterday at the BbUG meeting in London, he has helpfully sent me this.

--
Regards
Mark

>>>
From: Anthony Doyle <[log in to unmask]>
To: Mark Gamble <[log in to unmask]>
Date: 12/14/2012 12:04 PM
Subject: Blackboard's response to the recent FOI request

Hi Mark,

Our legal team in DC have prepared a response for clients enquiring about our position on the recent FOI request asking for disclosure of Bb license and services costs. Here is the response:

Our pricing information is confidential information pursuant to our agreement, which would make it exempt under Section 41 of the Act. In addition, our pricing is a Commercial Interest, as it is a trade secret that would, or would be likely to, prejudice the commercial interests of Blackboard, pursuant to Section 43 of the Act

Many thanks
Anthony

Anthony Doyle
Senior Account Executive
Blackboard

Tel: 01642 598150
Mob: 07595 535011

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