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Request
Please can you send us the following contract information with regards to the organisation’s telephone system maintenance contract (VOIP or PBX, other) for hardware and Software maintenance and support.
Q1. Contract Type: Maintenance, Managed, shared (If so, please state orgs)
Q2. Existing Supplier: If there is more than one supplier, please split each contract up individually.
Q3. Annual Average Spend:
Q4. Hardware Brand: The primary hardware brand of the organisation’s telephone system.
Q5. Number of telephone users:
Q6. Number of Call Handlers on shift in the Control Room at any one time (Concurrent Users)
Q7. Contract Duration: please include any extension periods.
Q8. Contract Expiry Date: Please provide us with the day/month/year.
Q9. Contract Review Date: Please provide us with the day/month/year.
Q10. Application(s) running on PBX/VOIP systems: Applications that run on the actual PBX or VOIP system. E.g., Contact Centre, Communication Manager.
Q11. Telephone System Type: PBX, VOIP, Lync etc
Q12. Current issues/challenges – Potential areas of improvement that would add value?
Q13. Contract Description: Please provide us with a brief description of the overall service provided under this contract.
Q14. Go to Market: How where these services procured, please provide us with either the tender notice or the framework reference number. Please specify if procured through other routes.
Q15. Contact Detail: Of the person from within the organisation responsible for each contract full Contact details including full name, job title, direct contact number and direct email address.
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
I have today decided to disclose the following information to you.
Q1. Fournet. Type – Support and Maintenance.
Q2. One.
Q3. I am exempting the annual costing of this contract pursuant to Section 43(2) of the Freedom of Information Act 2000 (the Act). Please see exemption explanation below.
Q4. Avaya.
Q5. 738.
Q6. 30.
Q7. Initial contract was for 24 months with 3 x 12 month extension periods.
Q8. 31 August 2027.
Q9. 31 March 2025.
Q10. Avaya Communications Manager 8. Avaya AACC 7.
Q11. VOiP.
Q12. The Freedom of Information Act 2000 (the Act) covers recorded information held by a public authority. The Act does not cover information that is in someone’s head or requires opinion or judgement. The authority does not need to create new information or find the answer to a question from staff who may happen to know it. Based on the above, I do not believe your question meets the FOI criteria and is exempt under Section 8(1)(c) of the Act.
Q13. Unified Comms – Telephony Contract.
Q14. Tender.
Q15. ICT Contracts advisor – [email protected]. I am exempting the names and email addresses of individuals pursuant to Section 40(2) of the Act. Please see exemption explanation below.
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 43(2) – Commercial Interests
This is a qualified, class based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure. This exemption applies because the disclosure of the requested information would, or would be likely to, prejudice commercial interests.
Public Interest Test
Factors Favouring Disclosure
There is a strong public interest in the efficiency of public sector spending. Releasing the information would provide the public with the knowledge on what the force spends on the subject matter. Disclosure would provide openness, displaying that public funds are being spent correctly and efficiently.
Factors Favouring Non-Disclosure
Disclosure of this information into the public domain would likely deter suppliers from entering future tendering processes and it would put their competition at advantage. This would also impact North Yorkshire Police’s and other force’s ability to conduct fair tendering. Trust would be lost in the forces ability to conduct business and the community would be affected by the force being unable to spend public funds as effectively.
Balancing Test
The disclosure of commercially sensitive information would prejudice the commercial interests of the company involved and may deter them and others from participating in future procurement initiatives. There is a strong public interest against disclosure where that disclosure would be likely to prejudice the Force’s own commercial interests. Disclosure of the information would be likely to adversely affect the bargaining position of North Yorkshire Police during future contractual negotiations relating to current and future contracts which would result in less effective use of public money.
The public interest would not be served where disclosure of commercial information would hinder fair and open competition for public sector contracts. As such the balance is considered in favour of non-disclosure.
Section 40(2) – Personal information
Section 40(2) is an absolute class-based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Pursuant to Section 17(1) of the Act this acts as a Refusal Notice in relation to the exempted parts of your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.