In accordance with section 31(3) of the Freedom of Information Act (FOIA) 2000 (the Act), we neither confirm nor deny that we hold the information you have requested.
Section 31(3)
The duty in Section 1(1)(a) of the Act does not apply by virtue of Section 31(3), which provides an exclusion from the requirement to confirm or deny whether the information is held if to do so would, or would be likely to, prejudice any of the matters mentioned in section 31(1).
Section 31(1)(a) (Prejudice the prevention or detection of crime)
We have determined that confirming or denying whether the information you request is held would be likely to prejudice the prevention of crime as the information would aid cyber criminals and would be likely to make us more vulnerable to a cyber attack.
By merely confirming whether we hold information regarding the number and type of cyber security breaches would provide cyber criminals with valuable information regarding the sophistication of our cyber security protection. For example, if we confirm we hold information about the number of attacks, it indicates we are monitoring this; if we state we do not hold the information, it will disclose a potential vulnerability.
This should not be taken as an indication that the information you requested is or is not held by us.
Our responses under the Freedom of Information Act are public information, made to the world at large, so we must consider the effect of attackers combining information to build up a map of our cyber security systems.
Section 31 is a qualified exemption and so we are required to weigh the public interest in maintaining our neither confirm nor deny position against the public interest in disclosure.
Public Interest Test
We recognise the need for transparency; and that there is a public interest in knowing that OS has measures in place to protect information. Disclosing whether we hold the information would reassure the public that we take protection of our systems and information seriously.
However, confirming whether or not we hold this information would mean that our computer and security systems would be more vulnerable to malicious attacks.
Ordnance Survey provides essential geospatial data to public sector organisations, including assisting police forces and other emergency services. Therefore, our data plays an important role in enabling public safety. If our systems are compromised or taken out of operation, this would significantly impair our ability to provide up-to-date geospatial data, impacting the delivery of public services which depend upon our data.
Conclusion
We have concluded that the public interest in maintaining the exemption in order to reduce the risk of cyber attacks and ensure the continued availability of essential geospatial data, outweighs the public interest in transparency.