FI16837
Request
Please find attached a Freedom of Information request relating to your back-office systems for planning/building control and environmental services. I’ve tried to set it out in a questionnaire format to make it as easy as possible to work through.
By way of background, I’m currently undertaking a piece of independent research into the planning technology landscape across England, Scotland and Wales looking at how local planning authorities are served by their current back-office systems, the contractual arrangements in place, and the extent to which the market is open to new entrants and innovation. It’s a space that’s getting a lot of attention at the moment with the government’s digital planning programme and the broader push to speed up the planning system, and I think there’s real value in building a clearer picture of where things stand.
I appreciate that some of the questions touch on commercial arrangements, and I’ve included a note at the end of the request about exemptions and the public interest test.
Response
The information you have sought is in the attachment below.
Some of the information you have requested is exempt from disclosure under the Freedom of Information Act (FOIA) for the reasons set out below.
Section 31: Law Enforcement
We are unable to provide you with information regarding software locations and software versions because this information is exempt from disclosure under Section 31(1)(a) of the FOIA. 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 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 in disclosing information about the Council's ICT systems. However, release of this information would make the Council more vulnerable to crime. The crime in question here would be a malicious attack on the Council’s computer systems. As such release of this information would be seen to prejudice the prevention or detection of crime by making the Council’s computer system more vulnerable to hacking. There is an overwhelming public interest in keeping the Council's 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: Law enforcement – section 31 | ICO
Section 43(2) – Commercial Interests
This Section exempts information whose disclosure would be likely to prejudice the commercial interests of any person. In this case, the exemption applies because it would be likely to harm or prejudice the commercial interests of our current and potential future suppliers.
Section 43(2) 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 must be released. In the FOIA there is a presumption that information should be released unless there are compelling reasons to withhold it.
Considerations in favour of the release of the information included the Council’s commitment to openness and transparency in its commercial activities, to allow public scrutiny and to demonstrate that public funds are being used in an efficient and effective way. Furthermore, private sector companies engaging in commercial activities with the public sector must expect some information about those activities to be disclosed.
Considerations against disclosure included the recognition that disclosure is likely to provide information to direct competitors within the market that would create an imbalance and a commercial advantage to those competitors. Furthermore, disclosure of this information is also likely to affect the Council's ability to negotiate contracts in the future. It is also considered that disclosure would be likely to deter potential bidders for future contracts from competing and sharing commercially sensitive information with us. 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 can be found at: Section 43 – Commercial interests | ICO
Attachments
Attachment