I confirm that Ordnance Survey considers the information requested at questions 1 to 4 above, to be exempt from disclosure under Section 31 (Law Enforcement) of the Freedom of Information Act (FOIA) 2000, as explained below:
Section 31(3)
In accordance with section 31(3) we neither confirm nor deny that we hold the requested information. The duty in Section 1(1)(a) of the FOIA to confirm whether or not OS holds the information, does not apply, by virtue of Section 31(3) of that Act. This should not be taken as an indication that the information you requested is or is not held by us.
Section 31(3) provides an exclusion from the requirement to confirm or deny whether information described in a request is held if to do so would, or would be likely to, prejudice any of the functions in sections 31(1), the relevant matter in this request is those set out at section 31(1)(a), the prevention and detection of crime, as explained below:
Section 31(1)(a)
Section 31(1)(a) exempts information if its disclosure would or would be likely to prejudice the prevention and detection of crime. In this case, we consider that disclosure of the information would be likely to aid cyber-attackers and therefore make OS more vulnerable to crime.
This information would be useful to cyber-attackers seeking to exploit potential vulnerabilities in OS’s cyber security measures, such as by targeting OS for ransomware attacks assuming that an insurance policy would provide financial cover, therefore increasing the likelihood of such an attack occurring.
Disclosure of the information would comprise measures to protect our systems, leaving us vulnerable to attack. It would be likely to assist a determined attacker and be a real and significant risk to our computer and security systems.
The above are qualified exemptions, and we are required to consider the public interest.
Public Interest Test
OS recognises the need for transparency; and that there is a public interest in knowing that OS has measures in place to protect information; however, confirming whether or not we hold this information would mean that our computer and security systems would be more vulnerable to malicious attacks, it would be likely to increase the number of malicious attacks and therefore facilitating the possibility of crime.
Section 31(1)(a) is a prejudice-based exemption, and there is a public interest inherent in avoiding the harm specified. OS considers that the prejudice would be likely to occur, and we are satisfied there is a greater public interest in protecting our computer and security systems by withholding the information under this exemption.