Request
Please could you tell me how many laptops, tablets and phones belonging to staff at the National Archives were misplaced in 2023. I would like this data to include the following information:
1. How each device was misplaced (i.e. lost or stolen?)
2. Which agency/service the devices belonged to
3. Whether the devices were encrypted
4. The type of device that was lost (i.e. laptop, phone or tablet, and the make/model)
5. How many of these misplaced devices were found or handed in
Outcome
Some information provided.
Response
1. How each device was misplaced (i.e. lost or stolen?)
2 devices were lost, and 2 devices were stolen.
2. Which agency/service the devices belonged to
The National Archives.
3. Whether the devices were encrypted
Yes.
4. The type of device that was lost (i.e. laptop, phone or tablet, and the make/model)
All were laptops. Disclosing hardware brands may reveal information that would prejudice the prevention or detection of crime and is exempt under section 31 (1) (a) of the FOI Act.
5. How many of these misplaced devices were found or handed in
None.
Explanatory annexe
Exemptions applied
Section 31: Law Enforcement
We are unable to provide you with information regarding hardware brands because this information is exempt from disclosure under section 31(1) (a) of the FOI Act. Section 31(1) (a) exempts information if its disclosure would or would be likely to prejudice the prevention or detection of crime.
Section 31 is a qualified exemption and we are required to conduct a public interest test when applying any qualified exemption. This means that after it has been decided that the exemption is engaged, the public interest in releasing the information must be considered. 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 FOI Act there is a presumption that information should be released unless there are compelling reasons to withhold it.
The public interest has now been concluded and the balance of the public interest has been found to fall in favour of withholding information covered by the section 31(1)(a) exemption. Considerations in favour of the release of the information included the principle that there is a public interest in transparency and accountability in disclosing information about government cyber security. However, release of this information would make The National Archives more vulnerable to crime. The crime in question here would be a malicious attack on The National Archives’ computer systems. As such release of this information would be seen to prejudice the prevention or detection of crime by making The National Archives’ computer system more vulnerable to hacking. There is an overwhelming public interest in keeping government computer systems secure which would be served by non-disclosure. This would outweigh any benefits of release. It has therefore been decided that the balance of the public interest lies clearly in favour of withholding the material on this occasion.
Further guidance on section 31 can be found here:
Section 31 – Law enforcement | ICO