FOI request (FOIR-137554737)

Cyber attacks

Requested Thu 15 August 2019
Responded  Tue 10 September 2019

I am writing to you under the Freedom of Information Act 2000 to request the following information from Hastings Borough Council:

1. Has the council experienced an attempted cyber-attack in 2019? Please answer yes or no.

2. How many attempted cyber-attacks has the council experienced in 2019 (up to 30.06.2019), 2018 (full year) and 2017 (full year)?

3. Has the council experienced a cyber-attack in 2019 that resulted in a loss? Please answer yes or no.

4. How many cyber-attacks has the council experienced in 2019 that resulted in a loss (up to 30.06.2019), 2018 (full year) and 2017 (full year)?

5. Please state the cost to the council of the cyber-attacks that the council experienced in 2019 (up to 30.06.2019), 2018 (full year) and 2017 (full year)

6. Does the Council purchase insurance via an insurance broker? Please answer yes or no.

If so, from who?

7. For the year 2018/19 does the Council purchase Cyber Insurance? Please answer yes or no.

If so, what is the name of the insurer?

8. Please state the premium spend of the insurance product

9. Please state the job title and level/banding for the person who is responsible within the council for purchasing these insurance products

If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

If you can identify any ways that my request could be refined, I would be grateful for any further advice and assistance.

Response

Notice of Refusal

Disclosure of information relating to ICT security constitutes a security risk as it would leave the Council's computer assets more vulnerable to a malicious hacking attack. This means that disclosure would:

• Make the Council more vulnerable to crime (Section 31)

• Risk harming the systems on which the day-to-day business of the Council relies (Section 43) Section 31 (Law Enforcement)

Section 31(1)(a) states that information is exempt if its disclosure is likely to prejudice the prevention or detection of crime. ICO guidance states that this can be used to protect information on a public authority's systems which would make it more vulnerable to crime.

This exemption can be used by a public authority that has no law enforcement function:

• To protect the work of one that does

• To withhold information that would make anyone, including the public authority itself, more vulnerable to crime

The crime in question would be a malicious attack on the Council's computer systems. Since the disclosure of the withheld information would make the Council's systems more vulnerable to such crime, the exemption is engaged.

The exemption is subject to the public interest test.

There is an overwhelming public interest in keeping the Council's computer systems secure which would be served by non-disclosure. This outweighs the public interest in accountability and transparency that would be served by disclosure.

Section 43 (Commercial Interests) Section 43(2) states that information is exempt if its disclosure would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).

Disclosure of information relating to ICT security puts the council at risk of a malicious hacking attack. This would compromise the Council's ability to provide its services and carry out 'business-as-usual' should our systems be compromised. Were our systems to be compromise, the cost of a system recovery would be detrimental to the Council's commercial interests.

The exemption is subject to the public interest test.

There is an overwhelming public interest in keeping the Council's computer systems secure which would be served by non-disclosure.

This outweighs the public interest in accountability and transparency that would be served by disclosure.