Dear Mr Clarke,

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI  8875

I write in connection with your request for information dated and received
on 20^th September 2017.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances West Mercia Police may be unable to achieve
this deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the
information you request.  If this is the case you will be informed and the 20
working day timescale will be suspended until we receive payment from you. If
you chose not to make payment then your request will remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Should you have any further enquiries concerning this matter, please write
or telephone the Information Compliance Unit quoting the reference number
above.

Yours sincerely

Mrs Louise Fellows

Information Compliance Assistant

Information Compliance Unit

Warwickshire Police & West Mercia Police

Hindlip

View our new Warwickshire Police and West Mercia Police websites at:
[1]www.warwickshire.police.uk and [2]www.westmercia.police.uk

[3]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [4]www.warwickshire.police.uk/specialconstables
West Mercia Police: [5]www.westmercia.police.uk/specialconstables

References

Visible links
1. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
2. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
4. file:///tmp/www.warwickshire.police.uk/specialconstables
5. file:///tmp/www.westmercia.police.uk/specialconstables

 
Dear Mr Clarke,
 
FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 8875
 
I write in connection with your request for information which was received
on 20^th September 2017.  Please find below the response to your request:
 
Please confirm how many of your computers are still running the
unsupported and insecure operating system 'Microsoft Windows XP'.
REPLY: 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.  Where exemptions are relied upon
section 17 of FOIA requires that we provide the applicant with a notice
which:
 
a) states that fact
b) specifies the exemption(s) in question and
c) states (if that would not otherwise be apparent) why the exemption
applies.
 
West Mercia Police (WMP) 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 there is a
requirement to articulate the harm that would be caused in confirming or
not whether information is held, in addition to considering the public
interest.
 
Harm in Confirming or Denying that Information is held
In order to counter criminal and terrorist behaviour it is vital that the
police and other agencies have the ability to work together, where
necessary covertly, in order to obtain intelligence, within current
legislative frameworks, to ensure the arrest and prosecution of offenders
who commit, or plan to commit, acts of terrorism whereby their modus
operandi may involve ‘hacking’ into secure databases.  In order to achieve
this goal, it is vitally important that information sharing takes place
with other police forces and security bodies within the United Kingdom in
order to support counter-terrorism measures in the fight to deprive
terrorist networks of their ability to commit crime.  To confirm or deny
information is held would identify forces more vulnerable to cyber-attack
as a result of outdated computer operating systems. If forces were to fall
subject to a cyber-attack, the implications would affect the country on a
national scale and, therefore, could adversely affect national security,
as well as undermine policing.  Police information, intelligence and
tactics could be obtained from a cyber-attack resulting in the criminal
fraternity, including terrorists, gaining knowledge that will assist in
the planning of offences and evading detection. It is also possible that
the sharing of information and the updating of multiagency databases would
be affected, which could jeopardise officer safety as well as that of the
public.    
 
Public Interest Considerations
 
Section 24 - factors favouring complying with Section 1(1)(a)
The public are entitled to know how public funds are spent and how
resources are distributed within an area of policing.  To confirm systems
used would enable the general public to hold West Mercia Police to
account.
In the current financial climate of cuts, and with the call for
transparency of public spending, this would enable improved public debate.
 
Section 24 - factors against complying with Section 1(1)(a)
Security measures are put in place to protect the community that we
serve.  As evidenced within the harm, to confirm information is held would
highlight vulnerabilities, to terrorists and individuals intent on
carrying out criminal activity.  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. The more information disclosed
over time will give a more detailed account of the 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)
Confirmation that information exists relevant to this request would lead
to a better informed public which may encourage individuals to provide
intelligence.
 
Section 31 - factors against complying with Section 1(1)(a)
Confirmation or denial that information is held in this case would suggest
that West Mercia 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:
 
[1]http://library.college.police.uk/docs/AP...
 
It is our opinion that for these reasons the balancing test for confirming
or denying that this information is held is not made out.
 
The above should not be taken as indicating that any information that
would meet your request does or does not exist.
 
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 telephone the Information Compliance Unit quoting the reference number
above.
Yours sincerely
 
Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
Hindlip
Worcester
WR3 8SP
01905 331545 / 331565
 
West Mercia Police in complying with their statutory duty under sections 1
and 11 of the Freedom of Information Act 2000 to release the enclosed
information will not breach the Copyright, Designs and Patents Act 1988.
However, the rights of the copyright owner of the enclosed information
will continue to be protected by law. Applications for the copyright
owner’s written permission to reproduce any part of the attached
information should be addressed to The Force Solicitor, West Mercia Police
Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their
decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the person that dealt with your request.
Ask to have the decision looked at again -
The quickest and easiest way to have the decision looked at again is to
contact the person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
WMP made under the Freedom of Information Act 2000 (the Act) regarding
access to information, you can lodge a complaint with WMP to have the
decision reviewed. WMP must be notified of your intention to complain
within 20 working days of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed
to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
Hindlip
PO Box 55
Worcester
WR3 8SP
or
Email:  [West Mercia Police request email]
In all possible circumstances, WMP will aim to respond to your complaint
within 20 working days.
The Information Commissioner
After lodging a complaint with WMP if you are still dissatisfied with the
decision you may make application to the Information Commissioner for a
decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [2]https://ico.org.uk/ Alternatively, phone
or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113 (local rate) or 01625 545745 if you prefer to use a
national rate number
Fax:    01625 524 510
 
 
 
 

View our new Warwickshire Police and West Mercia Police websites at:
[3]www.warwickshire.police.uk and [4]www.westmercia.police.uk

[5]Join the Special Constabulary and Make the Difference Make the
difference
For more information about becoming a Special Constable,
please visit,

Warwickshire Police: [6]www.warwickshire.police.uk/specialconstables
West Mercia Police: [7]www.westmercia.police.uk/specialconstables

References

Visible links
1. http://library.college.police.uk/docs/AP...
2. https://ico.org.uk/
3. http://www.warwickshire.police.uk/
http://www.warwickshire.police.uk/
4. http://www.westmercia.police.uk/
http://www.westmercia.police.uk/
6. file:///tmp/www.warwickshire.police.uk/specialconstables
7. file:///tmp/www.westmercia.police.uk/specialconstables