Disclosure Log

Mobile telephony services (FOI/4893)

Message from Nottinghamshire County Council - 14 October 2024

Dear *****

Freedom of Information Request – Ref: FOI/00004893

Thank you for your email of 12 October 2024 where you requested information about our mobile telephony services.

The information, which can be disclosed, is:

Organisation details
 
  1. What is your organisations name – Nottinghamshire County Council
 
  1. How many full-time employees are at your organisation – 5,869 FTE
 
  1. Who is your mobile phone network provider – Exempt (see below)

Renewal
 
  1. Did you switch on last renewal – Exempt (see below)
 
  1. When did you renew the last time - 2017
 
  1. What is the contract length – 5 Years
 
  1. Did you use a Framework, if so which one – Exempt (see below)

Contract and usage details
 
  1. How many total connections do you currently have – 8,339
 
  1. How many connections are Voice only - 595
 
  1. How many connections are Voice and Data – 3,396
 
  1. Do you use a shared data bundle, if so, what is the data allowance – Yes, 15TB
 
  1. What is your average data usage of the last 3 months – 8.95TB
 
  1. Please provide your total mobile phone contract costs for July 2023 (excluding purchase of handsets): - £23,282
 
  1. Please provide your total mobile phone contract costs for August 2023 (excluding purchase of handsets): - £19,178
 
  1. Please provide your total mobile phone contract costs for September 2023 (excluding purchase of handsets): - £22,139
 
  1. Please provide your total mobile phone contract costs for October 2023 (excluding purchase of handsets): - £24,099
 
  1. Please provide your total mobile phone contract costs for November 2023 (excluding purchase of handsets): - £22,611
 
  1. Please provide your total mobile phone contract costs for December 2023 (excluding purchase of handsets): - £22,497
 
  1. Please provide your total mobile phone contract costs for January 2024 (excluding purchase of handsets): - £20,730
 
  1. Please provide your total mobile phone contract costs for February 2024 (excluding purchase of handsets): - £21,288
 
  1. Please provide your total mobile phone contract costs for March 2024 (excluding purchase of handsets): - £20,990
 
  1. Please provide your total mobile phone contract costs for April 2024 (excluding purchase of handsets): - £25,026
 
  1. Please provide your total mobile phone contract costs for May 2024 (excluding purchase of handsets): - £20,812
 
  1. Please provide your total mobile phone contract costs for June 2024 (excluding purchase of handsets): - £20,106
 
  1. Is VAT included in the above figures - No
 
  1. Do you have a hardware fund, if so, how much and is it included in the monthly spend – Exempt (see below)
 
  1. Who is the primary contact for this contract – Lorraine Dennis

The remainder of the information that you requested is exempt under section 31 of the Freedom of Information Act 2000 and is therefore withheld.  This comprises the answers to questions 3, 4, 7 and 26.

I can confirm that the Council holds this information.  This information is exempt under section 31 (law enforcement) of the Freedom of Information Act 2000 and is therefore being withheld.

S31(1) provides, “Information which is not exempt information by virtue of section 31 is exempt information if its disclosure under this Act would, or would be likely to, prejudice – (a) the prevention or detection of crime”.
 
In consideration of whether the information you have requested can be released, I have applied the prejudice test as set out within s31(1) as well as that adopted in Christopher Martin Hogan and Oxford City Council v the Information Commissioner (EA/2005/0026 and 0030, 17 October 2006).
 
Applicable interests
 
There is a prejudice which could affect the council’s interests in the prevention or detection of crime.  This is therefore an applicable interest identified and therefore relevant to this exemption which it is designed to protect.
 
Nature of the prejudice
 
Turning to the nature of the prejudice, by disclosing the details of our mobile phone contract the council considers that there is a real risk that this could have a detrimental effect on the prevention or detection of crime.
 
If disclosed, the information could be used by hackers, scammer and other malicious actors to compromise the council’s ICT systems.  The council are of the view that releasing this could impact on their cyber security if disclosed to external organisations, partners or members of the public.  Such information may be used illegal purposes such as cyber-attacks on the organisation.
 
There is also the cost and resources implications involved in recovering from a cyber-attack arising from the disclosure of the information requested.
 
This list is not exhaustive and there are likely to be other potential prejudice caused in relation to the specific information that you have requested.
 
Likelihood of prejudice
 
Considering the above, I will now consider the likelihood of prejudice. S31(1) states that information can be exempt where disclosure, “would, or would be likely to” cause prejudice. In considering where prejudice, “would” occur, I conclude that the above circumstances is more probable than not and that there is a real and significant risk of prejudice in releasing the information requested.
 
In considering where prejudice, “would be likely” to occur, I conclude that there is a real and significant risk of the prejudice occurring even though the probability of such may fall short of being more probable than not (as per judgment of Mr Justice Munby in R (on the application of R (Lord) v Secretary of State for the Home Office[2003] EWHC 2073.
 
Cyber crime activities can be linked to the release of sensitive data relating to ICT systems and contracts.  It is a realistic possibility that the information requested would or would likely lead to prejudice to the council as outlined in s31(1).
 
Public Interest Test
 
Having considered the prejudice test, I now turn to the public interest test which I am obliged to consider in relying on the qualified exemption at s31(1) to decide whether or not the information should nevertheless be disclosed.
 
In considering the public interest test, the council pays attention to the need to show openness, transparency and accountability to show citizens how public funds are spent and how activities are carried out by the council on their behalf.  This would allow better scrutiny by taxpayers.  Furthermore, openness with future competitors may lead to more competition and therefore better value for money for citizens.
 
However, in favour of maintaining the exemption, a council must be allowed to act to prevent or detect criminal activities as well as protect residents from being exposed to such.  There is a clear public interest in protecting society from the impact of crime.  It is also right to take account of the cost of recovering from the impact of cyber-crime.  Furthermore, the council must consider the effect on public resources and funds should this information be released into the public domain.
 
In considering your request, I have considered the legislation and the ICO guidance on that legislation.
 
Having considered the public interest, the Council’s decision is therefore to withhold the information.

Your privacy: we use your personal information such as name and address so that we can comply with our legal obligations to respond to FOI requests.  For further details about the use of information about you, please see the information handling privacy notice on our website at https://www.nottinghamshire.gov.uk/media/4323566/informationgovernanceandinformationrightsprivacynotice.pdf.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review.  Internal review requests should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to: Complaints and Information – Team Manager, Nottinghamshire County Council, County Hall, Loughborough Road, West Bridgford, NOTTINGHAM, NG2 7QP or [email protected].

Please remember to quote the reference number above in any future communications. 

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.  The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, WILMSLOW, SK9 5AF or https://ico.org.uk/make-a-complaint/foi-and-eir-complaints/.

Yours sincerely

Colin Sawers
Information Case Officer | Customers, Complaints and Information
Chief Executive"s Department | Nottinghamshire County Council
County Hall | Loughborough Road | West Bridgford | NOTTINGHAM | NG2 7QP
Tel: (0115) 977 3714