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I am writing to confirm that the Department has now completed its search for the information you requested on 28 November 2011. I wish to advise you that some of the information cannot be disclosed for the reasons given below.
The Department has decided that Section 43 (2) of the Freedom of Information Act applies. Section 43 (2) provides that;
“Information is exempt information if its disclosure under this Act would, or would likely to, prejudice the commercial interests of any person (including the public authority holding it).”
In this case the Department has decided that providing the information in relation to the Atos tender application would be likely to prejudice the commercial interests of Atos Healthcare.
This exemption is subject to a Public Interest Test being applied and this is documented in the attached table, at Annex A. Having applied the Public Interest Test it has been decided that the information in relation to the Atos Tender application is not disclosable.
A copy of the information that can be disclosed is enclosed at Annex B.
You have the right to request that the Department formally review this decision within two calendar months of the date of this letter. If you wish to do so, please write to: The FOI Team, Records Management Branch, Department for Social Development, Ground Floor, Lighthouse Building , 1 Cromac Place , Gasworks Business Park , Ormeau Rd , Belfast BT7 2JB .
If after such an internal review you are still dissatisfied with the response, you have the right to appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, who will undertake an independent review.
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.
Yours sincerely
Anne-Marie Donnelly
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