Number of Laptops, PC's or Virtual Machines Using Microsoft Windows Versions Prior to Windows 10

Paul Ashby made this Freedom of Information request to Cheshire West and Chester Council

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The request was successful.

Dear Cheshire West and Chester Council,

Please advise the number of laptops, PC's or Virtual Machines running Versions of Microsoft Windows prior to Windows 10, also what release of Windows 10 are you currently using.

Yours faithfully,

Paul Ashby

FOI West, Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

Case Reference: RFI 2588

Dear Paul Ashby

Thank you for your email dated 2 May 2020.

From 1 April the Council will be temporarily suspending the handling of non-urgent requests for information under the Freedom of Information Act (FOI) and the Environmental Information Regulations (EIR), so our staff can prioritise their critical work to respond to COVID19, including support for our most vulnerable residents. All information request submissions will be logged and acknowledged, and will be actioned as soon as resources become available.

Please bear with us during this unprecedented time and consider whether you still wish to submit your information request under the current circumstances.

Disclosures Team
Cheshire West and Chester Council
Tel: 0300 123 8 123
Email: [email address]
Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port CH65 0BE
Visit: cheshirewestandchester.gov.uk

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FOI West, Cheshire West and Chester Council

Dear Paul Ashby

 

Thank you for your request for information of the 2^nd of May 2020 which
has been logged as RFI 2588 and has been dealt with under the Freedom of
Information Act 2000. We confirm that Cheshire West and Chester Council
holds information relating to your request.

 

For the purpose of clarity your request has been reproduced below:

 

Please advise the number of laptops, PC's or Virtual Machines running
Versions of Microsoft Windows prior to Windows 10, also what release of
Windows 10 are you currently using

Cheshire West and Chester Council is applying an exemption to the
disclosure of the requested information relating to operating systems,
under Section 31 (1)(a) of the Freedom of Information Act 2000.

Section 31(1) (a) of the FOIA states:
Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to, prejudice -
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders,
(c) the administration of justice,
(d) the assessment or collection of any tax or duty

It is considered that disclosure of the requested information would, or
would likely to, prejudice (a) the prevention or detection of crime.

Disclosing the specific information requested could compromise the
authority's measures to protect its ICT systems from incidents such as
cyber-attacks and ransomware attacks, which would leave the authority
vulnerable and more susceptible to Virus and cyber-attacks by assisting
malicious parties' intent on attacking IT systems.

Cyber Attacks may amount to criminal offences under the Computer Misuse
Act 1990 and GDPR 2018 and are rated as a Tier 1 threat by the UK
Government. The Council, like any organisation, may be subject to Cyber
and Virus Attacks, and since it holds large amounts of sensitive, personal
and confidential information, maintaining the security of this information
is extremely important.

The victims of crime can be both organisations and individuals and there
is public interest in protecting both from the impact of crime.

The greater the potential for a disclosure to result in crime, the greater
the public interest in maintaining the exemption.

Section 31 is a qualified exemption and Cheshire West and Chester Council
has to consider whether the public interest in maintaining the exemption
outweighs the public interest in releasing the information.

The Council recognises that there is public interest in openness because
this increases public trust and engagement. However, this public interest
has to be weighed against a very strong public interest in safeguarding
the security of IT systems and the general public.

The public interest test:

+-----------------------------------------------------------------------+
|Reasons against disclosure |Reasons for disclosure |
|--------------------------------------+--------------------------------|
|There is a real and evident risk of |Openness and transparency to the|
|crime if the information is released |public in relation to the |
|HIGH |Council's ability to maintain |
| |cyber security. HIGH |
|--------------------------------------+--------------------------------|
|There is an inherent duty to protect |  |
|the Council from the effects of crime | |
|HIGH | |
|--------------------------------------+--------------------------------|
|Attempts to breach the security of |  |
|Council IT systems could lead to a | |
|loss of confidentiality, integrity and| |
|information contained on an IT system.| |
|HIGH | |
|--------------------------------------+--------------------------------|
|There is an inherently strong public |  |
|interest in avoiding the likely | |
|prejudice to the prevention of crime | |
|and any possible future investigation.| |
|HIGH | |
+-----------------------------------------------------------------------+

The Council considers that the public interest in withholding the
information outweighs the public interest in disclosure and the
information is exempted.

For further information on section 31 exemption under the FOIA 2000 please
see attached link
[1]http://www.legislation.gov.uk/ukpga/2000...

 

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Disclosures Team can be contacted by email via:
[2][Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

4 Civic Way

Ellesmere Port

CH64 0BE

 

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

[3]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [4]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [5][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

(Ex)

 

 

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References

Visible links
1. http://www.legislation.gov.uk/ukpga/2000...
2. mailto:[Cheshire West and Chester Council request email]
3. http://www.cheshirewestandchester.gov.uk...
4. http://www.ico.org.uk/
5. mailto:[email address]