FOI request (FOIR-125542778)

1-            The total number of CCTV cameras installed by Hastings Borough Council

2-            The locations of the CCTV cameras installed by Hastings Borough Council

3-            The total cost of the installation of CCTV cameras installed by Hastings Borough Council

4-            The manufacturer PDF documentation of all the types of CCTV camera installed by Hastings Borough Council.

5-            Plans for future expansion of CCTV in the area.

6-            Any relevant information regarding CCTV in Hastings, public meetings, Acts of Parliament etc.

7-            Details of any contracts with third parties involving CCTV in Hastings.

Q1 - 95

Q2 -

NOTICE OF REFUSAL

Please note that I consider the information you have requested regarding the location of CCTV cameras to be exempt information under S31(1)(a) of the Freedom of Information Act in that disclosure of that information would be likely to prejudice the prevention or detection of crime.

The exemption afforded by S31(1)(a) is subject to what is known as the 'public interest test'. When applying the test in a articular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a) furtherance of understanding and participation in the public debate of issues of the day

b) promotion of accountability and transparency by public authorities in the decision they make and the spending of public money

c) allowing individuals and companies to better understand decisions made by public authorities which affect their lives

We consider these factors to be generally of limited or no relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a) that there is no evidence of a wider public (rather than individual) interest in disclosure

b) that the disclosure of the information would be likely to prejudice the prevention or detection of crime

c) that crime has a substantial detrimental effect upon other individuals in the neighbourhood and wider community

d) that the motives behind the request (albeit not provided to us) have no relevance since disclosure would mean the information would be in the public domain

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

Q3 - Information not held

Q4 -

NOTICE OF REFUSAL

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 CCTV security puts the council at risk. 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.

Q5 -  None

Q6. Information not held

Q7.

NOTICE OF REFUSAL

The information you have requested in respect of contract costs is commercially sensitive and falls under Section 43 of the Freedom of Information Act - Commercially Sensitive Information

Information prejudicing commercial interests - commercial interest relating to an organisations commercial activity and y include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.

Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.

We have identified the following public interest factors that may be seen as encouraging the disclosure of information:

a) accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves. In consideration of this matter we came to the following conclusions:

a) ensuring that companies are able to compete for business fairly

b) damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure.

For the reasons given above we will not be communicating to you the information you have requested.