CCTV contract

FOI request reference: F0054284
Publication date: October 2018

Request

The information I require is to do with the organisation’s CCTV maintenance and support contract.

Please can you send me the information stated below:
1. Supplier of the contract for CCTV maintenance and support
2. How much the Council spend annually with the supplier?
3. What is the renewal date of this contract?
4. What is the duration of the contract?
5. What is the review date of this contract? If possible the likely outcome of this review
6. The primary brand of the CCTV equipment. I don’t require the model just the brand.
7. The description of the services provided under this contract. Please state if this contract includes more than just CCTV services.
8. Contact details of the employee responsible for the contract between the supplier and the organisation. Can you please provide me with their full contact details

Outcome

Partially successful

Response

We can confirm that The National Archives holds information relevant to your request.

Information exempt under section 21

Some of the information you have requested is exempt under section 21 of the FOI Act, which does not oblige a public authority to provide information if it is already reasonably accessible by other means.

This exemption applies to the following parts of your request:

1. Supplier of the contract for CCTV maintenance and support
3. What is the renewal date of this contract?
4. What is the duration of the contract?
5. What is the review date of this contract?

This information is available here on Contracts Finder:

https://www.contractsfinder.service.gov.uk/Notice/87bd779a-ee9d-44d7-a6dd-765b9b0344f1?p=@NjJNT08=UFQxUlRRPT0=

In relation to the second part of question 5, this is a request for an opinion and not recorded information. A valid request under the FOI Act is a request for recorded information and the Act only extends to requests for recorded information. I can confirm that The National Archives does not hold any recorded information relevant to this part of your request.

Information provided

We are pleased to be able to provide you with information in relation to the following questions:

2. How much the Council spend annually with the supplier?
7. The description of the services provided under this contract. Please state if this contract includes more than just CCTV services.

Please note we are a non-ministerial government department not a council. The CCTV contract is part of a larger contract for building and facilities management services. Annually, we spend £1.32 million on this contract.

Information exempt under section 31

We are unable to provide you with the following information because it is exempt under section 31 (1) (a) of the FOI Act.

6. The primary brand of the CCTV equipment. I don’t require the model just the brand.

Section 31 (1) (a) exempts information if its disclosure is 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.

A public interest has been conducted and the balance of the public interest has been found to fall in favour of withholding information covered by section 31 (1) (a). Considerations in favour of the release of the information include the principle that there is a public interest in transparency and accountability in disclosing information about government contracts and public spending. 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’ CCTV system. There is an overwhelming public interest in keeping government security systems secure, which would not be served by disclosure. It has therefore been decided that the balance of the public interest lies in favour of withholding this information.

Information exempt under section 40

We are unable to provide you with the following information because it would identify a junior member of staff.

8. Contact details of the employee responsible for the contract between the supplier and the organisation. Can you please provide me with their full contact details

As such, this information is withheld under section 40 (2) of the Act, which exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation. Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. Personal information must be processed lawfully, fairly and in a transparent manner as set out by Article 5 of the General Data Protection Regulation.

Publishing the names and contact details of junior members of staff is considered an unfair use of personal data. Junior members of staff would have no expectation that information about their positions would be made available in the public domain; to do so would be unfair and contravene the first data protection principle. As such, the names, positions and contact details of junior officials are withheld under section 40 (2) of the FOI Act.

Contact details for The National Archives can be found here:

https://www.nationalarchives.gov.uk/contact-us/

Guidance

Guidance on the exemptions quoted above can be found on the ICO website, as follows.

Section 21:

https://ico.org.uk/media/for-organisations/documents/1203/information-reasonably-accessible-to-the-applicant-by-other-means-sec21.pdf

Section 40:

https://ico.org.uk/media/1213/personal-information-section-40-and-regulation-13-foia-and-eir-guidance.pdf

Section 31:

https://ico.org.uk/media/for-organisations/documents/1207/law-enforcement-foi-section-31.pdf

Guidance on the publication of junior staff details can be found here:

https://ico.org.uk/media/1187/section_40_requests_for_personal_data_about_employees.pdf