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Freedom of information request reference no: 01.FOI.24.037345
I note you seek access to the following information:
The information I require relates to the organisation’s software contract, please send me the organisation’s primary contract around the types of contracts below.
I require the organisations to provide me with the following contract information relating to the following corporate software/enterprise applications:
A. Enterprise Resource Planning Software Solution (ERP) -this is the organisation’s main
ERP system and may include service support, maintenance and upgrades.
B. Primary Customer Relationship Management (CRM) Solution-this is the organisation’s main
CRM system and may include service support, maintenance and upgrades. Example of CRM systems the organisation may use could include Microsoft Dynamics, Front Office, Lagan CRM, Firm step
C. Primary Human Resources (HR) and Payroll Software Solution-this is the organisation’s main
HR/payroll system and may include service support, maintenance and upgrades. In some cases, the HR contract maybe separate to the payroll contract please provide both types of contracts. Example of HR/Payroll systems the organisation may use could include iTrent, Resource link.
D. The organisation’s primary corporate Finance Software Solution-this is the organisation’s main
Finance system and may include service support, maintenance and upgrades. Example of finance systems the organisation may use could include E-Business suite, Agresso (Unit4), eFinancials, Integra, SAP
In some cases you may come across contracts that provides service support maintenance and upgrades separate to the main software contract, please also provide this information in the response following the requested data below.
For each of the categories above can you please provide me with the relevant contract information listed below:
If any of the information is not available, please can you provide me with the notes on the reasons why?
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 40(2)(3) - Personal Information
Reason for decision
The MPS has applied the exemptions to Q4 & Q11.
Q4 - Description of the contract: Please do not just state two to three words can you please provide me with detailed information about this contract and please state if upgrade, maintenance and support is included.
Q11 - Contact Details: I require the full contact details of the person within the organisation responsible for this particular software contract (name, job title, email, contact number).
Section 31(1)(a)(b) - Law Enforcement - The MPS is charged with enforcing the law and preventing and detecting crime. Any information released under the Act which reveals information related to the gathering of intelligence and police strategies and tactics would prejudice the prevention and detection of crime and the apprehension or prosecution of offenders.
Release would have the effect of compromising law enforcement processes and would also hinder the ability of the MPS to fulfil its primary aim of enforcing the law and protecting the public.
Disclosure would technically be releasing sensitive operational information into the public domain which would enable those with the time, capacity and inclination to try and map strategies and tactics used by the MPS and possibly counter them, or become an intrusive hindrance to anyone involved in enquiries, which in turn could make people less likely to come forward as witnesses.
The disclosure of this information to the public by the MPS would undermine public trust in the MPS. Release of all information would allow those wishing to disrupt police operations to use the information to assist in evading detection should they be planning any unlawful acts.
After weighing up the competing interests I have determined that the disclosure of documents relating to special schemes would not be in the public interest.
Section 40(2)(3) - Personal Information - Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Act within which a request for information can be answered. The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.
Contact details could cause an individual to be identified and is therefore exempted in this case.
Section 3 of the Data Protection Act 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.
The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption.
Some of the information sought under your Freedom of Information request includes the following which we consider to be Personal Data
• Names of people and contact details, other than those contracts mentioned, that could, if disclosed, identify an individual.
Where the request is seeking access to third party personal data the section 40(2) exemption may be engaged.
In order to apply the Section 40(2) exemption the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3A, 3B and 4A of the Freedom of Information Act 2000 (as amended by Section 58 of the Data Protection Act 2018).
The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.
There are six Data Protection principles set out in the 2018 act and these can be found at section 34.
In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.
Disclosure
Please see the spreadsheet below.