Mr Ganesh Sittampalam
By e-mail to: [FOI #35822 email]
Our Reference: 47195
30th June 2010
Dear Mr Sittampalam
I am writing in reference to your request for information 47195, dated 22 May
2010, relating to the Mobile Identification at Scene (Midas) Procurement
decision, made under Sections 1 and 8 of the Freedom of Information Act.
I can advise that the NPIA holds all of the information referred to in your request
and that all of the information that can be disclosed is enclosed with this
response. The remainder of the information that falls within the scope of your
request is exempt from the right of access under the Act.
In order to provide a coherent and easy to understand response, this
correspondence has been structured in the following sections so that each
element of the information requested is addressed in turn.
Section1
A list of all the documents requested, with an indication of whether
they have been disclosed in full or not and the exemption(s) that we
consider are applicable if this is not the case.
Section 2 A detailed explanation of the application of each of the exemptions
we consider applicable, included the Public Interest Test as
appropriate.
Section 3 An individual plan of the information redacted from each of the
documents that have not been disclosed in full and exemption we
believe are applicable for each piece of information redacted.
Your Right to Complain
We take our responsibilities under the Freedom of Information Act seriously but,
if you feel your request has not been properly handled or you are otherwise
dissatisfied with the outcome of your request, you have the right to complain.
We will investigate the matter and endeavour to reply within 3 – 6 weeks. You
should write to:
Director of Resources
National Policing Improvement Agency
10-18 Victoria Street
London
SW1H 0NN
E-mail: [email address]
If you are still dissatisfied following our internal review, you have the right,
under section 50 of the Act, to complain directly to the Information
Commissioner.
Before
considering
your
complaint,
the
Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by the NPIA. The Information Commissioner can be
contacted at:
FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Further information about the NPIA is routinely published on our website at
www.npia.police.uk or through our publication scheme. If you require any
further assistance in connection with this request please contact us at our
address above.
Yours sincerely
Christine New
Senior Project Manager - Identification
Information, Communications, Technology & Science Directorate
Section 1
The following tables sets out all of the documents that are covered by this request and how the NPIA have dealt with each
one in turn under the terms of the FOIA.
1. Documents related to the decision on how to procure the MIDAS contract and any analysis of the commercial viability of
using the IDENT1 contract versus going to public tender.
2. Procurement documents for mobile fingerprint devices issued to Northrop Grumman under the IDENT1 contract and notes
on why these procurements did or didn’t go ahead.
Document
Outcome
NPIA Lantern Project options for pilot extension and
Personal details removed under section 40
national capability, 21 June 2007
NPIA Lantern Service Expansion – Contract Change Note
Personal details removed under section 40
CCN050, 7/8 November 2007
Northrop Grumman – Change Control Note CCN050
Partially disclosed
“Lantern Service Expansion” dated 11 February 2008
- Elements relating to individual pricing and
percentage breakdown exempt under Section 43
(2) (Commercial Interests) of the FoIA.
- Some place names are exempt under Section 31
(1) (Law Enforcement) of the FoIA.
Record of the (teleconference) meeting of 28 February
Personal details removed under section 40
2008 to discuss Proposed CCN050
NPIA Summary of proposed CCN050
Personal details removed under section 40
NPIA Lantern Service Expansion – Contract Change Note
Personal details removed under section 40
CCN050 R1, 7/8 November 2007
Northrop Grumman – Change Control Note CCN050
Partially disclosed
Revision 1 “IDENT1 Lantern Service Expansion” dated 31
- Elements relating to individual pricing and
March 2008
percentage breakdown exempt under Section 43
(2) (Commercial Interests) of the FoIA.
- Some place names are exempt under Section 31
(1) (Law Enforcement) of the FoIA.
NPIA CCN 050 Evaluation and Project Board
Personal details removed under section 40
Recommendations 080403 v1.0 9 April 2008
NPIA Lantern Project Board Minutes & Actions:16 April
Personal details removed under section 40
2008
Personal details removed under section 40
NPIA Lantern Project – The Way Forward Project Board
recommendations 080403 v1.0 9 April 2008
Personal details removed under section 40
The Way Forward e-mail from Sue Moffat 22nd Feb 2008
Personal details removed under section 40
Summary of Proposed CCN050 dated 14th Feb 2008
Personal details removed under section 40
Northrop Grumman – Change Control Note CCN050
“Lantern Service Expansion” Cover Letter dated 11
February 2008
Personal details removed under section 40
Northrop Grumman – Change Control Note CCN050
“Lantern Service Expansion” Cover Letter dated 31st
March
Some place names are exempt under Section 31 (1)
CCN050r1 B-1 Description Final
(Law Enforcement) of the FoIA.
Section 2
Some of the information that has been requested is considered to be exempt
from the right of access under the Act in accordance with Sections 31(1), 40(2)
43(2).
These exemption are considered in detail below
Section 31(1) (a)(b) – Law Enforcement
Section 31(1) states that information is exempt if its disclosure under this Act
would or would be likely to prejudice that prevention or detection of crime or it
would or would be likely to prejudice the administration of justice.
Section 31(1) of the Freedom of Information Act is a qualified exemption and
therefore the legislators accept that there may be harm if information falling
within the scope of this exemption were to be released. However, we are
required to consider the balance of public interest in releasing the information.
Public Interest Test under Section 31(1)
Section 31(1) of the Freedom of Information Act is a qualified exemption and the
Public Interest Test is assessed below. This considers whether of not it would be
beneficial for the community at large to disclose the requested information.
HARM
The information contained within the documents requested includes detailed
technical specifications of the IDENT1 system; its architecture; capabilities;
interfaces with other Law Enforcement Systems and Networks and information
on how it will be used operationally within the Law Enforcement Environment.
The Agency considers that the disclosure of this information would potentially
have a detrimental effect on the activities of the Law Enforcement community in
its use and application of the IDENT1 System and that any compromise to the
prevention and detection of crime that results could pose a threat to public
safety and the administration of justice.
The Agency is also concerned that the disclosure of information relating to how
the IDENT1 and MobileID System will connect and interoperate with other
systems within the Law Enforcement Environment, including details of the
security measure employed to secure this interfaces, may endanger the integrity
of these interfaces and the systems that are connected through them.
Considerations favouring disclosure
Accountability
Release of the information withheld would allow the public to assess whether the
authorities involved in the tendering and use of MobileID were acting in an
efficient and effective manner in their activities relating to the detection or
prevention of crime and the administration of justice
Public Safety
The collection, use and protection of the data that will be core to the utilisation
of MobileID are of prime concern to the public. They have a right to assure
themselves, as far as possible, that the system is safe and secure and that the
data cannot fall into the wrong hands. The means of identification of suspects
and the integrity of the system is also of prime concern to the public in providing
an effective tool for Law Enforcement
Considerations favouring non-disclosure
Efficient and Effective Conduct of the Service
Release of this information may compromise the current or future role of law
enforcement by the Police Service and the NPIA. As mentioned above the
release of this information could have the affect of undermining the effectiveness
of the IDENT1/MobileID System and is use within crime detection and criminal
identifications
Confidence in the System
Public confidence in the MobileID and IDENT1 systems and their use within the
Law Enforcement Environment may be undermined if information revealing
potential methods to compromise the system were released, which consequently
revealed how to either access the data held.
Public Safety
The release of information that may enable individuals to attack and gain access
to the MobileID System and any other Law Enforcement System that it has an
interface with could ultimately lead to a risk to public safety and security
Balancing Test
The NPIA has a responsibility to maintain public confidence in the work that it
undertakes on behalf of the Policing Community and the Products and Services
that it provides to enable Police Forces to exercise their duties. The Agency
recognises that the information held within the IDENT1/MobileID System used
within Law Enforcement is of prime concern to the public but that any desire to
provide reassurance in this area needs to be balanced against assuring the
integrity of Policing System, the security of data and ultimate aim of protecting
public safety through the correct application of the criminal justice process.
Decision
Upon reflection, it is considered that the decision falls in favour of non-disclosure
of the redacted information on the basis that its release may prejudice the
prevention or detection of crime and the administration of justice.
Section 40(2) – Personal Information
Section 40(2) states that information that constitutes ‘personal data’ under the
terms of the Data Protection Act 1998 and whose disclosure would contravene
‘any of the data protection principles’ is exempt from disclosure under the
Freedom of Information Act
Section 40(2) of the Freedom of Information Act is an absolute exemption in so
far as it relates to cases where the first condition referred to in the subsection is
satisfied by virtue of dissemination of the information would contravene any of
the data protection principles. The Agency can confirm that the information that
is considered exempt is personal data and that the data subjects in this case
provided this information for the sole purpose for its inclusion within the Midas
provider’s tender submission, the assessment of the tender and not for further
dissemination. To disclosure this information would thus contravene the 1st Data
Protection Principle – namely fair and legal processing.
As Section 40(2) is an absolute exemption it is therefore unnecessary to
consider the public interest of the application of this exemption. The Agency has
however reviewed this information in context of the guidance provided on this
Section by the Information Commissioner’s Office and has made a distinction
between the personal data of Senior Individual’s who could be considered to
have a ‘reasonable expectation’ that they personal data will be disseminated
more widely and more junior members of staff, where this would not be the
case. These factors have been considered when decisions have been taken on
which information to disclose and which to redact.
Section 43(2) – Commercial Interests
Section 43(2) states that information may be exempt from disclosure under this
Act if its disclosure would or would likely to prejudice the commercial interest of
any person (including the public authority holding it).
Section 43(2) of the Freedom of Information Act is a qualified exemption and
therefore the legislators accept that there may be harm if information falling
within the scope of this exemption were to be released. However, we are
required to consider the balance of public interest in releasing the information.
Public Interest Test under Section 43(2)
Section 43(2) of the Freedom of Information Act is a qualified exemption and the
Public Interest Test is assessed below. This considers whether of not it would be
beneficial for the community at large to disclose the requested information.
HARM
The Mobile ID bidders operate in a highly competitive market which provides
innovative biometric identification solutions to public sector organisations
globally. This providers position within this market would be severely weakened
if all of the information requested were made public to any competitor in any
current or future competitive tender exercise. The supplier, Northrop Grumman,
has provided evidence to the NPIA of current procurement tenders that they are
engaged in, with global customers, where they could be significantly
commercially disadvantaged by the publication of their detailed pricing structure.
The NPIA also considers that in releasing this information the commercial
interests of the Agency itself could also be prejudiced. Firstly that in doing so it
would damage the commercial relationship between itself and a significant
strategic partner who may as a result become reticent to engage with the NPIA
on similar opportunities in the future. Secondly that the release of this
information may make other potential suppliers reluctant to engage with the
Agency and share their commercially sensitive information for fear that it will
become public knowledge at some stage and prejudice their commercial interest.
Lastly, the dissemination of commercially sensitive information within a
competitive market could result in a skewed competitive position reduce the
impact of genuine market forces to regulate prices and drive innovation
The impact of all of the outcomes described above would be to diminish the
NPIA’s ability to achieve value for money on project in this area and identify the
most economically advantage solutions for the UK Law Enforcement community.
Considerations favouring disclosure
Accountability
There is a strong public interest in ensuring the NPIA is fully accountable in the
way that it discharges its duties and commits public funds and that there is
transparency in that accountability. The release of this information would
contribute to that accountability and allow the public to scrutinise the actions of
the Agency. Publication of the high level financial information should meet this
consideration.
Use of Public Funds/Resources
Disclosure of this information would shows that public fund have been used in a
cost-effective and efficient and effective manner, thus ensuring that value for
money in the operation of this service is being achieved.
Compliance to Procurement Legislation
The release of this information would serve the public interest by allowing the
public to judge whether the NPIA’s procurement process relating to the Midas
Procurement has been conducted in an open and honest way in accordance with
EU and UK procurement legislation
Commercial Development
Release of certain commercial information may assist commercial organisations
to develop solutions that better fit the needs of public sector organisations.
Considerations favouring non-disclosure
Efficient and Effective Conduct of the Service
Disclosure of commercially sensitive information would severely inhibit the
NPIA’s ability to achieve value for money in its operations and deliver
appropriate technical solutions to the UK Police Forces.
If, through the disclosure of this information, current and future suppliers
become reluctant to engage with the Agency on future procurement exercises,
the NPIA could be faced with an impaired competitive landscape that does not
represent an accurate picture of the range of potential solutions and suppliers
that should be available to it. Those suppliers who do choose to engage with the
Agency could offer less or incomplete information in response to Expressions of
Interest or tenders in response to the risk that any information supplied may be
released into the public domain. The subsequent impact on the quality and
number of bids to select from may hinder the efficient workings of a tender
evaluation process and lead the Agency into having to select a sub-optimal
solution both in terms of the operational benefits that it will bring and the value
for money that it will achieve. Tenderers may also increase the risk premium
that they include within the bid pricing to protect themselves for the loss of
commercially sensitive information and the competitive advantage that comes
from it.
The ultimate impact of these effects will be to prevent the Agency effectively
supporting UK Policing in ensuring public safety and the delivery of value for
money and the appropriate use of public funds.
Interests of Third Parties
The disclosure of the withheld information into the public domain could decrease
the differentiation between suppliers, as processes, practices and commercial
offerings may become homogenised, thus endangering true and fair competition.
This would further hinder the ability of suppliers to act competitively within the
market. Internal processes that allow such suppliers to create and maintain a
competitive advantage would be lost as they become public knowledge, creating
unfair competition and stifling innovation and creativity.
Balancing Test
The NPIA has a responsibility through its procurement and commercial functions
to manage and commit large sums of public money. As a result, the actions and
procedures used in the fulfilment of these duties are audited by the National
Audit Office (NAO) and therefore the NPIA is accountable to an independent
external body
The NPIA does recognise the public has a genuine interest in knowing that the
NPIA discharges its duties in this area correctly and that value for money is
being achieved through its procurement activities. However in releasing this
information the Agency considers that it would be hindering its ability to achieve
the very thing that the public is concerned with.
As a result, the public’s interest in receiving openness and transparency must be
considered along side the ability of the Agency to operate and find the most
appropriate solutions for UK Policing, both in terms of technical capabilities and
value for money and to develop a competitive situation, with the correct balance
and mix of suppliers to achieve this.
It is also considered that some of the information under consideration here will
be more value to the competitors of the MobileID Provider rather than to the
general public.
Decision
Upon reflection, it is considered that the decision falls in favour of non-disclosure
of the redacted information on the basis that to do so would prejudice the
commercial interest of both the MobileID provider and the NPIA and would put at
risk the competitive market for any future exercise.
Section 3
This section contains an individual plan of the information redacted from each of
the documents that have not been disclosed in full and the exemptions we
believe are applicable for each piece of information redacted.
Northrop Grumman – Change Control Note CCN050 “Lantern Service
Expansion” dated 11 February 2008; &
Northrop Grumman – Change Control Note CCN050 Revision 1 “IDENT1
Lantern Service Expansion” dated 31 March 2008
Information has been redacted from the following sections of this document as it
considered that they are exempt from disclosure under the Freedom of
Information Act, Section 43 (2) (Commercial Interests).
A.
Attachment B-3 Evaluation Value for Money details – dated
31March 2008
- Page 5/6, Hardware, Software, Licences Bill of Materials Subtotal
column
- Page 8/9, Other Direct Costs, Travel, and Material Subcontractors,
approx % Column
- Page 10, Other Direct Costs, Travel, and Material Subcontractors
approx % Column.
B.
Attachment B-4 Evaluation, IDENT1 Lantern Service Expansion.
- Page 2/3, line 3 Baseline charges for IDENT1 Lantern.
C.
Schedule E (Pricing) Final & marked versions
- Pages 2 – 113 in entirety as this relates to the pricing under
IDENT1 for the main system and is beyond the scope of what was
requested by the applicant. It is also considered exempt under
section 43(2) Commercial Interests. Only Annex E-13 relates to the
proposed provision for the extension of the Lantern service.
- Annex E-13 page 114, Item 4 Baseline charges for IDENT1 Lantern
Service Expansion. Second column individual prices.
Information has been redacted from the following sections of this document as it
considered that they are exempt from disclosure under the Freedom of
Information Act, Section 31 (Law Enforcement)
A.
Attachment B-3 Evaluation Value for Money details – dated
31March 2008
- Page 10, Other Direct Costs, Travel, and Material Subcontractors
approx % Column – in the Description field.
B.
Attachment B-1 Evaluation Value for Money details – dated
31March 2008
- Page 10, Figure 2-3.
.
