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This has been an interesting discussion. I'd make a few points: * need to be very careful about spreading details of people who are making FOI requests * ultimately is is the IC who will rule on disclosure * Many (most?) institutions have dedicated/specialist FOI office or staff – they should keep you right on what info can and should be given * I would be sceptical of any supplier advice particularly if it was produced outside of UK/EU Best Kerr Kerr Gardiner Head of Learning & Technology Unit Learning and Teaching Centre Southpark House University of Glasgow G12 8LB Tel: 0141 330 3370 Tel: (direct dial) 0141 330 7117 E-mail: [log in to unmask]<mailto:[log in to unmask]> The University of Glasgow, charity number SC004401 From: George Wraith <[log in to unmask]<mailto:[log in to unmask]>> Reply-To: Blackboard/Courseinfo userslist <[log in to unmask]<mailto:[log in to unmask]>> To: "[log in to unmask]<mailto:[log in to unmask]>" <[log in to unmask]<mailto:[log in to unmask]>> Subject: Re: Fwd: Blackboard's response to the recent FOI request 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]<mailto:[log in to unmask]> Website: www.newcollegedurham.ac.uk<http://www.newcollegedurham.ac.uk/> [cid:image001.jpg@01CDDA05.20600DF0]<http://www.newcollegedurham.ac.uk/> 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]<mailto:[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<http://twitter.com/#!/amcunningham> -----Blackboard/Courseinfo userslist <[log in to unmask]<mailto:[log in to unmask]>> wrote: ----- To: [log in to unmask]<mailto:[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]<mailto:[log in to unmask]>> To: Mark Gamble <[log in to unmask]<mailto:[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 [<cid:image001.png@01CDD9F3.28732ED0>cid:image001.png@01CDD9F3.28732ED0]<http://www.blackboard.com/sites/sp10/index.html> You spoke. We listened. We redesigned Blackboard Learn with everything educators asked for and more. Help minds, knowledge, abilities and your institution grow. Start now<http://www.blackboard.com/sites/sp10/index.html> This email and any attachments may contain confidential and proprietary information of Blackboard that is for the sole use of the intended recipient. 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