Request
I am reaching out with a request for information regarding the organisation\’s latest telecommunications infrastructure contract positions.
Please use the categories below for full scope of requirements:
Contract Title
Contract Description
Supplier(s)
Total Contract Value
Annual Contract Value
Contract Start Date
Contract End Date
Procedure Type used to Purchase Contract (If bought through a framework, please name the framework)
For each category, please specify for each of the following:
Wide-Area Networks (WAN)
IP Telephony
Mobile Phone Services
Local Area Networks (LAN)
Unified Communications
Cloud Telephony
Cloud/ Data Centre Provision
Digital Workplace (non-mobile)
Contact Centre
Outcome
Some information provided.
Response
I can confirm that The National Archives holds information relevant to your request. Unfortunately, however, we are unable to provide you with the information you have requested. This is because the exemption at section 12 of the FOI Act is applicable. This exempts information if it is reasonably determined that the cost limit for providing the information will be breached. For further information about why this exemption has been applied, please below.
We have determined that the cost of identifying, locating and retrieving the information you have requested is in excess of the specified cost limit of £600 for central government departments.
You may wish to consider making a revised request with a more limited scope. For example, you may want to consider asking for information about a more limited range of contracts or technologies.
Please be advised that we consider it likely that information within the scope of a revised request may be considered for exemption under sections 21, 31 and 43 of the FOI Act. For more information about these exemptions, please see the explanatory annex below.
To assist you with locating the contractual information which is already available in the public sphere, you may also find the links below to our published FOIs of use:
ICT Contracts – Freedom of Information
The National Archives’ Cloud Services
Contact centre, CRM, AI & automation
Telephony/UC, Microsoft and Storage
Explanatory annexe
Exemptions applied
Section 12: Exemption where cost of compliance exceeds appropriate limit
Section 12 of the Freedom of Information Act 2000 (FOIA) makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed an appropriate limit, which for central government departments like The National Archives, is set at £600. This represents the estimated cost of one person spending just over three working days determining whether the department holds the information, as well as locating, retrieving and extracting the information.
We estimate that it will take us in excess of this time to identify the appropriate information, and locate, retrieve and extract it as the scope of your request is too wide-ranging. Therefore, your request will not be processed further.
You may wish to consider refining your request. However, please note that we are unable to guarantee that any refined requests would fall within the cost limit.
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1199/costs_of_compliance_exceeds_appropriate_limit.pdf
You may also find the following guidance useful on the exemptions at section 21, 31 and 43 of the FOI Act:
Section 21: Information readily available to the applicant by other means
Section 21 of the Freedom of Information Act 2000 (FOIA) does not oblige a public authority to provide information if it is already reasonably accessible by other means.
Further guidance on the application of this exemption can be found at: https://ico.org.uk/media/for-organisations/documents/1203/information-reasonably-accessible-to-the-applicant-by-other-means-sec21.pdf
Section 31: Law Enforcement
Section 31(1)(a) of the Freedom of Information Act 2000 (FOIA) can be used to exempt information where disclosure under this Act would, or would be likely to, prejudice the prevention or detection of crime. In this case, disclosure of information within the scope of a refined request would, or would be likely to, prejudice the cyber security of The National Archives.
Section 31(1)(a) is a qualified exemption which means that a public authority is required to conduct a public interest test when applying this type of exemption. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
Further guidance on the application of this exemption can be found at: https://ico.org.uk/for-organisations/foi-eir-and-access-to-information/freedom-of-information-and-environmental-information-regulations/section-31-law-enforcement/
Section 43(2): Commercial Interests
This section exempts information whose disclosure would be likely to prejudice the commercial interests of any person (corporations are included in this definition).
Section 43(2) is a qualified exemption which means that a public authority is required to conduct a public interest test when applying this type of exemption. If the public interest in disclosing the information outweighs the public interest in withholding it then the exemption does not apply and the information must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
Further guidance on the application of this exemption can be found here: https://ico.org.uk/for-organisations/foi-guidance/section-43-commercial-interests/