FOI request (FOIR-567688671)

Data Centre

Requested Thu 07 December 2023
Responded Thu 21 December 2023

You may have received the same request in the past and the information sent has now expired and I require an update as soon as possible for the following.

This is a request for information that relates to the organisation's ICT contract(s) for Server Hardware Maintenance, Server Virtualisation Licenses and Maintenance, and Storage Area Network (SAN) Maintenance/Support, which may include:

A. Server Hardware Maintenance - contracts relating to the support and maintenance of the organisation's physical servers.

B. Virtualisation Maintenance/Support/Licensing (VMware, Solaris, Unix, Linux, Windows Server)

C. Storage Area Network Maintenance/Support (EMC, NetApp, and so on)

For each of the types of contract described above, please can you provide me with the following data. If there is more than one contract please split the information for each separate supplier (this includes annual spend).

1. Contract Title: Please provide me with the contract title.

2. Type of Contracts (see above): Please can you provide me with one or more contract types the contract relates to: Server Hardware, Virtualisation, or Storage Area Network (SAN).

3. Existing/Current Supplier: Please provide me with the supplier name for each contract.

4. Brand: Please state the brand of hardware or software.

5. Operating System / Software (Platform): Please state the operating system used by the organisation (Windows, Linux, Unix, vSphere, AIX, Solaris, and so on).

6. Annual Average Spend: Please provide me with the most recent annual spend for this contract.

7. Contract Duration: Please can you also include notes if the contract includes any contract extension periods.

8. Contract Expiry Date: Please can you provide me with the date of when the contract expires.

9. Contract Review Date: An approximate date of when the organisation is planning to review this particular contract.

10. Purchase of Servers: Please provide me with the month and year in which most/bulk of servers were purchased.

11. Number of Physical Servers: Please provide me with the number of physical servers.

12. Number of Virtual Servers: Please provide me with the number of virtual servers.

13. Brief Contract Description: I require a brief description of the service provided under this contract. Please do not just put maintenance. I need at least a sentence.

14. Contract Owner: The person from within the organisation that is responsible for reviewing and renewing this particular contract. Please include their full name, job title, direct contact number and direct email address.

Response

A. Server Hardware Maintenance

Contract A1

1. Contract Title - Server Hardware Support Contract 1

2. Type of Contract - Server Hardware Support

3. Existing/Current Supplier - REFUSED - please see notice of refusal below.

4. Brand - REFUSED - please see notice of refusal below.

5. Operating System - Various

6. Annual Average Spend - REFUSED - please see notice of refusal below.

7. Contract Duration - 1 Year

8. Contract Expiry Date - 01/02/2024

9. Contract Review Date - 01/12/2023

10. Purchase of Servers - Various

11. Number of Physical Servers - 1

12. Number of Virtual Servers - Not Applicable

13. Hardware support for servers that are out of warranty.

14. Contract Owner - Mark Bourne - Head of IT - 01424 451066 - headofit@hastings.gov.uk

Contract A2

1. Contract Title - Server Hardware Support Contract 2

2. Type of Contract - Server Hardware Support

3. Existing/Current Supplier - REFUSED - please see notice of refusal below.

4. Brand - REFUSED - please see notice of refusal below.

5. Operating System - Various

6. Annual Average Spend - REFUSED - please see notice of refusal below.

7. Contract Duration - 2 Years

8. Contract Expiry Date - 15/03/2025

9. Contract Review Date - 01/02/2025

10. Purchase of Servers - Various

11. Number of Physical Servers - 2

12. Number of Virtual Servers - Not Applicable

13. Hardware support for servers that are out of warranty.

14. Contract Owner - Mark Bourne - Head of IT - 01424 451066 - headofit@hastings.gov.uk

B. Virtualisation Maintenance/Support/Licensing

Contract B1

1. Contract Title - Virtualisation Licensing and Support

2. Type of Contract - Virtualisation Software Licensing and Support

3. Existing/Current Supplier - REFUSED - please see notice of refusal below.

4. Brand - REFUSED - please see notice of refusal below.

5. Operating System - Various

6. Annual Average Spend - REFUSED - please see notice of refusal below.

7. Contract Duration - 5 Years

8. Contract Expiry Date - 24/04/2028

9. Contract Review Date - 01/02/2028

10. Purchase of Servers - Not Applicable

11. Number of Physical Servers - Not Applicable

12. Number of Virtual Servers - Not Applicable

13. Virtualisation software licensing and support.

14. Contract Owner - Mark Bourne - Head of IT - 01424 451066 - headofit@hastings.gov.uk

C. Storage Area Network Maintenance/Support

Contract C1

1. Contract Title - Storage Area Network Support and Maintenance

2. Type of Contract - SAN Support and Maintenance

3. Existing/Current Supplier - REFUSED - please see notice of refusal below.

4. Brand - REFUSED - please see notice of refusal below.

5. Operating System - Not Applicable

6. Annual Average Spend - REFUSED - please see notice of refusal below.

7. Contract Duration - 5 Years

8. Contract Expiry Date - 24/04/2028

9. Contract Review Date - 01/02/2028

10. Purchase of Servers - Not Applicable

11. Number of Physical Servers - Not Applicable

12. Number of Virtual Servers - Not Applicable

13. SAN support and maintenance.

14. Contract Owner - Mark Bourne - Head of IT - 01424 451066 - headofit@hastings.gov.uk

NOTICE OF REFUSAL - Q3 and Q4

Disclosure of information relating to our existing/current supplier and brand 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 systems, infrastructure and 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.

NOTICE OF REFUSAL - Q6

The requested information is respect of annual average spend 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 organisation's commercial activity and may 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.