Information about the mobile network services

Freedom of information request reference no: 01.FOI.23.028832

I note you seek access to the following information:

1. Current Number of mobile devices
2. Number of active sim connections
3. Current supplier for mobile network services
4. When did you last tender your mobile services contract
5. Please can you supply a copy of the tender specification if you have tendered your contact within the last 4 years

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 31(a)(b) - Law Enforcement
Section 43(2) - Commercial Interests

Reason for decision

Question 1, 2, 3 and 4 will be disclosed under the section titled Disclosure. However, I will not disclose the tender specification in relation to question to Q5.

Section 31(1)(a)(b) - Law Enforcement - allows public authorities to withhold information if it is likely to or would prejudice ‘The prevention or detection of crime’ or ‘The apprehension or prosecution of offenders’

It is imperative that where necessary the MPS has the ability work alongside agencies and organisations to help prevent and detect crime and apprehend offenders. If the MPS were to disclose specifics on our mobile voice, data architecture and ways of operating this would effectively give those with malicious intent the knowledge that could harm the effective operation of the MPS. This could ultimately enable disruption of emergency services critical communications. Our mobile services support the MPS in undertaking law enforcement activity, and so to provide the specifics of the tender specification may also undermine our ability to use certain tactics and products in the future. This in turn would severely compromise and significantly weaken our ability to effectively deal with law enforcement.

If we consider a secondary factor, what if FOIA releases are monitored by criminals? The MPS is reliant upon all manner of services and techniques during operations and the public release of any modus operandi employed, would prejudice the ability of the MPS to perform the functions it exists to provide. The release of the tender specification could be used by individuals to build up a picture of what the MPS can and cannot do. This would not be in the public interest, as it could allow offenders knowledge to help evade law enforcement which would encourage more crime to take place, ultimately placing the public at an increased risk. If we consider this fact set in the context of the current threat level, both now and possible near future events of a geo-political nature, it is reasonable to consider that the disclosure of the tender specification could be negatively used and harmful.

You have sought ‘a copy of the tender specification if you have tendered your contact within the last 4 years’. In conducting a public interest test I have presented two opposing arguments for and against disclosing the requested data. As a publically funded organisation, I have found that there is a legitimate interest in showing how public funds are spent and providing the public with more information around our ways of operating.

However, the use of technology can be a sensitive issue that in part would reveal police tactics, which I believe is a compelling argument against releasing the requested data. The MPS would not want to provide data that could equip those with malicious intent, to build up a picture of what we can and cannot do, which in turn directly harms the ability of the MPS to prevent and detect crime and apprehend or prosecute offenders. This is the primary function of the MPS and so to release data that would affect that, would be highly detrimental and counterproductive to our aims. It is for this overriding factor that I have refused to disclose the tender specification.

Section 43(2) – Commercial Interests - allows public authorities to withhold information if it is likely to or would prejudice the commercial interests of the public authority. A commercial interest relates to a public authorities ability to participate competitively in a commercial activity.

Section 43(2) is a qualified exemption and as such makes it subject to a public interest test. In order to conduct a public interest test I must consider the public interest considerations favouring disclosure and public interest considerations favouring non-disclosure. Section 43(2) is also subject to a prejudice test, so I must also consider what potential harm would result from disclosing the requested information. Please see below all of the factors I have considered to produce my final assessment.

The requested document contains information which has been part of commercial competition and discussions. To release this into the public domain would damage the MPS’ negotiating power with suppliers in future as well as harming relationships with existing suppliers. The ICO states that ‘revealing information such as a pricing mechanism can be detrimental to your negotiations on other contracts and procurements’. I have reviewed the tender specification and can confirm that pricing data is present. It is therefore relevant to consider that if an individual or organisation knows how the MPS cost an item or service then it can exploit this for profit or other gain in future.

It is worth noting that information that is made available under the Freedom of Information Act 2000 is published by the MPS via the publication scheme, making it readily available to the public, and not just the individual making the request. This is significant, as even if there is a public interest that would be satisfied by the release of the requested data this must be balanced against any identified risk. I have identified that the release of the requested data would provide a better understanding of how public funds are spent and a better understanding of the decision making process. Conversely, I have found that the release of the requested data would damage the MPS’ negotiating power with suppliers in future due to the specifics contained within the document. The MPS would not want to provide data that would have a negative impact upon the MPS’s ability to achieve best value in future procurement processes in this area. I find this to be the significant factor in refusing to disclose this part of your request.

Disclosure

Q1 - Current Number of mobile devices

129781

Q2 - Number of active sim connections

91066

Q3 - Current supplier for mobile network services

The current supplier is Vodafone, with service starting to transition to VMO2 on a contract commencing 3 April 2023.

Q4 - When did you last tender your mobile services contract

The mobile services contract was last tendered via CCS aggregation N147 in August-November of 2022.

Q5 - Please can you supply a copy of the tender specification if you have tendered your contact within the last 4 years

The tender specification has been withheld, please see the reason for decision for a full explanation as to why.