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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 828-2023
I write in connection with your request for information which was received on 6th September 2023 as follows:
Q1) How many computers within your force run the Windows XP operating system?
Q2) What is the total number of fax machines currently in use by your force?
Q3) What is the total number of pagers currently in use in your force?
Q4) How much did your force spend on a) printers and b) paper scanners c) pagers in 2022.
Q5) How much did your force spend on postage in each of the past 5 years?
Please find the Warwickshire Police response set out below.
Q1 response: Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held.
Warwickshire Police can neither confirm nor deny that information is held relevant to your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:
Section 24(2) National Security
Section 31(3) Law Enforcement
Sections 24 and 31 are prejudice based qualified exemptions and require both evidence of harm and public interest considerations to be articulated to the applicant.
Harm in Confirming or Denying whether information is held
Policing is an information-led activity, and information assurance (which includes information security) is fundamental to how the Police Service manages the challenges faced. In order to comply with statutory requirements, the College of Policing Authorised Professional Practice for Information Assurance has been put in place to ensure the delivery of core operational policing by providing appropriate and consistent protection for the information assets of member organisations, see below link:
https://www.app.college.police.uk/app-content/information-management/
To confirm or deny whether Warwickshire Police uses a certain operating system would identify vulnerable computer systems and provide actual knowledge, or not, that this software is used within individual force areas. In addition, this would have a huge impact on the effective delivery of operational law enforcement as it would leave forces open to cyberattack which could render computer devices obsolete.
This type of information would be extremely beneficial to offenders, including terrorists and terrorist organisations. It is vitally important that information sharing takes place with other police forces and security bodies within the UK to support counter-terrorism measures in the fight to deprive terrorist networks of their ability to commit crime.
To confirm or deny whether or not Warwickshire Police relies on a certain operating system would be extremely useful to those involved in terrorist activity as it would enable them to map vulnerable information security databases.
Public Interest Test
Section 24 - Factors favouring complying with Section 1(1)(a) confirming whether information is held
The public are entitled to know how public funds are spent and how resources are distributed within an area of policing. To confirm whether Warwickshire Police utilises Windows XP would enable the general public to hold Warwickshire Police to account by highlighting the use of out of date software. In the current financial climate of cuts and with the call for transparency of public spending this would enable improved public debate into this subject.
Section 24 - Factors against complying with Section 1(1)(a) confirming or denying whether information is held
Security measures are put in place to protect the community we serve. As evidenced within the harm, to confirm information is held would highlight, to terrorists and individuals intent on carrying out criminal activity, vulnerabilities within Warwickshire Police.
Taking into account the current security climate within the United Kingdom, no information (such as the citing of an exemption which confirms information pertinent to this request is held, or conversely, stating ‘no information is held’) which may aid a terrorist should be disclosed. To what extent this information may aid a terrorist is unknown, but it is clear that it will have an impact on a force’s ability to monitor terrorist activity.
Irrespective of what information is or is not held, the public entrust the Police Service to make appropriate decisions with regard to their safety and protection and the only way of reducing risk is to be cautious with what is placed into the public domain.
The cumulative effect of terrorists gathering information from various sources would be even more impactive when linked to other information gathered from various sources about terrorism. The more information disclosed over time will give a more detailed account of the tactical infrastructure of not only a force area, but also the country as a whole.
Any incident that results from such a disclosure would, by default, affect National Security.
Section 31 - Factors favouring complying with Section 1(1)(a) confirming whether information is held
Confirming that information exists relevant to this request would lead to a better informed public which may encourage individuals to provide intelligence in order to reduce the risk of police networks being hacked.
Section 31 - Factors against complying with Section 1(1)(a) neither confirming nor denying whether information is held
Confirmation or denial that information is held in this case would suggest Warwickshire Police take their responsibility to protect information and information systems from unauthorised access, destruction, etc., dismissively and inappropriately.
Balancing Test
The points above highlight the merits of confirming or denying the requested information exists. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, information is gathered which can be highly sensitive, relating to high profile investigative activity.
Weakening the mechanisms used to monitor any type of criminal activity, and specifically terrorist activity would place the security of the country at an increased level of danger.
In order to comply with statutory requirements and to meet NPCC expectation of the Police Service with regard to the management of information security a national policy approved by the College of Policing titled National Policing Community Security Policy has been put in place. This policy has been constructed to ensure the delivery of core operational policing by providing appropriate and consistent protection for the information assets of member organisations. A copy of this can be found at the below link:
http://library.college.police.uk/docs/APP-Community-Security-Policy-2014.pdf
In addition, anything that places that confidence at risk, no matter how generic, would undermine any trust or confidence individuals have in the Police Service.
Therefore, at this moment in time, it is our opinion that for these issues the balance test favours neither confirming nor denying that information is held.
Q2 response: Zero
Q3 response: Zero
Q4 response:
Printers – £42000 approx (equipment hire and maintenance for the financial year 2022/23)
Paper Scanners – £0
Pagers – £0
Q5 response:
2019 – £151,539*
2020 – £149,421*
2021 – £100,880
2022 – £144,373
2023 – £218,487
*Please note that, in relation to costs for 2019 and 2020, the force was in a Strategic Alliance with West Mercia Police at this time and paid 31% of the Alliance cost. The figures relate to Warwickshire only, i.e. 31% of the total Alliance spend; however it is important to note that it is impossible to confirm whether all of the spend allocated to Warwickshire was actually accrued by Warwickshire. For example, if the total spend was £10,000, £3100 would be allocated to Warwickshire; however, Warwickshire could have incurred, for example, £5000 or £2000 but, as part of the Alliance cost share arrangement, £3100 would have been allocated to Warwickshire regardless of actual accrual.
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB