Software Contracts

FOI request reference: F0043407
Publication date: October 2015

Outcome:

Partially successful

Requests:

Dear Freedom of Information Officer,

I would like to request information under the Freedom of Information Act.

The information I require is in relation the organisations software contract specifically for:

Enterprise Content Management – covers the provision of Enterprise Content Management (ECM) software and associated services including Document and Records Management (EDRM) solutions e.g. document scanning, image processing, web content and workflow management and systematic control e.g. document life cycle solutions.

Asset Management Software – is a business practice that involves *managing* and optimizing the purchase, deployment, maintenance, utilization, and disposal of *software* applications within an organization.

Data Management and Reporting Systems (DMRS) Software – covers the provision of Data Management and Reporting Systems (DMRS) software and associated services for the purposes of business intelligence, data and performance management including data warehouse provision, data manipulation, quality and integration tools, data analytics and big data solutions.

Mobile Application Solutions – covers the provision of Mobile Application Solutions for the purposes of delivering mobile application requirements for a variety of mobile devices, platforms and interfaces.

The organisation may have several contracts relating to the contract above but can you please provide me with the primary/secondary contracts. Please concentrate on contracts over £1,000.

Can you please provide me with the following contract information for each of the contract category specified above:

  1. Contract Category: Please see select from the categories provided; Enterprise Content Management; Asset Management; Data Management and Reporting Systems; Mobile Application Solutions.
  2. Existing Supplier: Name for each contract
  3. Software Brand: Can you please provide me with the actual name of the software. Please do not provide me with the supplier name again please provide me with the actual software name.
  4. Contract Description: Please do not just state two to three words can you please provide me detail information about this contract and please state if upgrade, maintenance and support is included. Please also include the modules included within the contract.
  5. Number of Users/Licenses: What is the total number of user/licenses for this contract?
  6. Annual Average Spend for each contract
  7. Contract Duration: What is the duration of the contract please include any available extensions within the contract.
  8. Contract Start Date: What is the start date of this contract? Please include month and year of the contract. DD-MM-YY or MM-YY.
  9. Contract Expiry: What is the expiry date of this contract? Please include month and year of the contract. DD-MM-YY or MM-YY.
  10. Contract Review Date: What is the review date of this contract? Please include month and year of the contract. If this cannot be provide please provide me estimates of when the contract is likely to be reviewed. DD-MM-YY or MM-YY
  11. Contact Details: I require the full contact details of the person within the organisation responsible for this particular software contract.
  12. Notes: Please provide me with any further information with regards to this contract this could include any contract extension available as well as information on renewals or plans for future tenders.

Thanks for reviewing my request for information.

Response:

Freedom of Information Request: Reference F0043407
Dear

Thank you for your enquiry of 29 September in which you asked for information about software and associated services at The National Archives.

Your request has been handled under the Freedom of Information Act 2000 (FOIA).

I can confirm that The National Archives holds information relevant to your request and we are pleased to be able to provide some of this information to you, as requested, in the attached spreadsheet.

Exempt information

Personal information

Unfortunately, we are unable to provide you with some of the information you have requested.

You asked for the full contact details of the person within the organisation responsible for software contracts.

We are unable to provide you with this information because it would identify a junior member of staff and as such is exempt from release under section 40(2) of the FOIA.

For further information about why this exemption has been applied, please see the explanatory Annex at the end of this letter.

However, we have applied the general principle that members of staff at Head of Department level and above are sufficiently senior for their names and/or job titles to already be in the public domain and are therefore not exempt from release. The Head of IT Operations at The National Archives is Julian Muller.
If you wish to contact The National Archives, please use the contact form at the following address: http://apps.nationalarchives.gov.uk/contact/

Crime Prevention

Some of the information you have requested is also covered by the exemption at section 31(1) (a) FOIA. This exempts information if its disclosure is likely to prejudice the prevention or detection of crime and relates to specific expiry and renewal dates as well as specific hardware versions of the contracts detailed in the attached spreadsheet. This exemption is engaged because releasing the information will prejudice the prevention of crime by facilitating the possibility of a attack on IT systems being carried out. Hacking into an IT system is a criminal offence.

For further information about why this exemption has been applied, please see the explanatory Annex at the end of this letter.

If you are dissatisfied with the handling of your request or the decision which has been reached, you have the right to ask for an internal review.  Internal review requests must be submitted within two months of the date of this response and should be addressed to:

Quality Manager
Public Services Development Unit
The National Archives
Kew
Richmond
Surrey
TW9 4DU

complaints@nationalarchives.gov.uk

Please mark your complaint clearly. You have the right to ask the Information Commissioner (ICO) to investigate any aspect of your complaint.  However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning his investigation.

Yours sincerely,

FOI Request Manager
Freedom of Information Centre
Information Management and Practice Department
The National Archives

Explanatory Annex

Exemptions applied

Section 31: Law Enforcement

(1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure would, or would be likely to, prejudice—
(a) The prevention or detection of crime

Section 31 is a qualified exemption. 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 FOIA 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 through disclosure of information about government procedure and contracts.
However, release of this information would make The National Archives more vulnerable to crime; namely, a malicious attack on The National Archives’ computer systems.  As such release of this information would prejudice the prevention or detection of crime (section 31(1)(a)) by making The National Archives’ computer system more vulnerable to hacking at a given time.  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 was therefore 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:
https://ico.org.uk/media/for-organisations/documents/1207/law-enforcement-foi-section-31.pdf

Section 40(2): Personal Information where the applicant is not the data subject

Section 40 exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of the Data Protection Act (DPA) 1998. The DPA 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.

In this case the exemption applies because this information represents the personal information of a junior member of staff at The National Archives. Publishing the names 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 of the DPA 1998. As such, the names and positions of junior officials are withheld under section 40(2) of the FOIA.

For more information about the publication of junior staff names, please see the following link:
https://ico.org.uk/media/for-organisations/documents/1187/section_40_requests_for_personal_data_about_employees.pdf
For more general information about the section 40 exemption, please see the following link:
http://ico.org.uk/for_organisations/guidance_index/~/media/documents/library/Freedom_of_Information/Detailed_specialist_guides/personal-information-section-40-and-regulation-13-foia-and-eir-guidance.pdf

If you would like to contact us again regarding this request, please contact the helpdesk:

via e-mail: By replying to this e-mail
or (020 8876 3444)
Remember to quote your call reference number: F0043407 in any correspondence, as this will assist us in providing you with a quick response.

www.nationalarchives.gov.uk

Attachments: http://www.nationalarchives.gov.uk/documents/f0043407-software-contracts.xls