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Linda Doherty Date: 23^rd December 2009

Email: [FOI #23741 email] Our ref: FOI.09.5406

Dear Ms Doherty

Freedom of Information Request

I refer to your recent Freedom of Information Request. Your request asked for the following information:-

Your request

1. Who is the incumbent supplier of your Wide Area Network Services?

2. Do you use a Systems Integrator for your WAN? If so, please specify who.

3. What is the length of your contract with your WAN supplier?

4. When does your current contract expire? (mm/yy)

5. What is your buying process? (For example do you buy through 'Buying

Solutions')

Council's Response

I can confirm that a decision has been made to part refuse your FOI request.

I am unable to respond to Q1 as this information is regarded as a security risk to the Council's network. With regards to Q3 and Q4, this information is regarded as commercially sensitive. This is explained further in the “Grounds for Refusal” section below

With regards to Q2, we do not use a system integrator. For Q5, all ICT procurement goes through our BT Procurement Service.

Grounds for Refusal

On 1^st October 2008 the Council entered into a 10 year Strategic Partnership deal with BT to provide the Council's ICT services. Under this arrangement all ICT staff and contracts have been transferred to BT. South Tyneside Council pays BT a set monthly charge for this service. All information relating to the WAN is the responsibility of BT and much of this information is considered commercially sensitive.

The Council is therefore citing Exemption 31 (Law Enforcement) for all security aspects of the request. Exemption 43 (Commercial Interests) and Exemption 41 (Information Provided in Confidence) is relied upon for refusal as it is considered that such a disclosure would prejudice BT's commercial arrangements, and would in our opinion, constitute a breach of our contractual arrangements.

Public Interest Test

Before relying on Exemptions 31 and 43, the Council must apply the public interest test. The Council must consider whether the public interest test in withholding information outweighs the public interest test in disclosing the information

It is clear that there is public interest in how the Council delivers its ICT services and how it achieves its best value objectives. It is also clear that the Council has a duty to comply with its duties and commercial projects in an appropriate, transparent and professional manner, where applicable.

However, one must also consider the significant impact that such a disclosure would have on our partners as well as on the Council:

Exemption 31

With regards to the security aspects of this request the Council must ensure it: -

Does not compromise the Council's information security and building assets;
Protects the Council from risk of potential hackers.

Exemption 43

With regards to the commercial aspects of this request: -

BT acts in an extremely competitive market place. The disclosure of the ICT structure, strategy, their contracts and values may be of particular value to external competitors who may try to compete and undercut them in future tender agreements with the Council;

The disclosure of BT's contracts may adversely affect the Council's bargaining position and those partied to the agreement in future negotiations.

From the Council's point of view it may:

Discourage organisations to tender for contracts with the Council which may jeopardise our value for money initiatives;
Create uncertainty with the existing private contracts.

Exemption 41 is an absolute exemption and is therefore not subject to the public interest test.

Refusal Notice

A refusal notice is enclosed outlining the reasons for the part refusal.

I hope this information is of assistance to you.

Copyright procedure

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use this information for your own purposes, including any non-commercial research you are doing and news reporting. Any other re-use of this information, for example commercial publication requires the permission of the Council as the Copyright holder. All re-use requests will be treated under the Re-Use of Public Information Regulation 2006.

Appeal procedure

Should you wish to appeal against the decision made about this matter you can write to the Records Management Team Leader to have your case reviewed by our Internal Review Panel. This should be sent to us within four weeks and must clearly state the reasons for your appeal and your FOI reference number. The Records Management Team address is as follows: Records Management Team, Town Hall and Civic Buildings, Westoe Road, South Shields, Tyne and Wear, NE33 2RL.

Information Commissioner's office (ICO)

Should you remain dissatisfied, you can appeal against our final decision by writing to the Information Commissioner to have your case independently reviewed.

The Information Commissioner is the Government's Independent Body responsible for overseeing the Freedom of Information Act 2000, the Data Protection Act 1998 and the Environmental Information Regulations 2004.

Please do note that the ICO will only review cases that have exhausted the Council's internal appeal procedures. All correspondence to the ICO must quote the Council's reference number and your reasons for your appeal.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. More information can be found on the ICO's website at www.informationcommissioner.gov.uk.

If you have any further queries about this matter then please do not hesitate to contact me on the number below:

Yours sincerely

Alan Holt

Head of Strategic Partnership

Tel: 0191 424 6600

Email: [email address]