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NFRS 2023 121 - Airwave

You asked for

  1. Please could you provide your National Identification Airwave Code.
  2. Additionally, can you provide a station and fleet list.
    1. Station list: please include Station Number, Station Name and the area the station is located (if possible by Postal Code)
    2. Fleet List: please include where the appliance is based, the registration number, when the appliance first came into service for yourselves andany relevant information.

Our Response

  1. Please could you provide your National Identification Airwave Code.
    Answer: - Nottinghamshire Fire and Rescue Service are unable to provide you with therequested information as it is deemed exempt by virtue of Sections 24(1) National Security and 31(1) Law Enforcement of the Freedom of Information Act 2000.
  2. Additionally, can you provide a station and fleet list.
    1. Station list: please include Station Number, Station Name and the areathe station is located (if possible by Postal Code)
      Answer: - A list of Nottinghamshire Fire and Rescue Service stations arepublished on there website Our stations. Therefore the information is exempt by virtue of Section 21(1) of the Freedom of Information Act.
      Station Name Station Number
      Mansfield 01
      Blidworth 02
      Ashfield 05
      Edwinstowe 06
      Warsop 07
      Worksop 08
      Harworth 10
      Misterton 11
      Retford 12
      Tuxford 13
      Southwell 14
      Collingham 15
      Newark 16
      Bingham 17
      London Road 18
      West Bridgford 19
      Stockhill 20
      Station Closed 21
      Beeston 22
      Stapleford 23
      Eastwood 24
      Hucknall 25
      Arnold 26
      Carlton 27
      East Leake 28
      Highfields 29
  3. Fleet List: please include where the appliance is based, the registrationnumber, when the appliance first came into service for yourselves andany relevant information.
    Answer: - Some of the requested information has been deemed exempt by virtue of the following exemptions under the Freedom of Information Act 2000.
    • Section 24
    • Section 31
    • Section 40
    Some vehicles have not been disclosed in their entirety as they have been deemed exempt under Section 40(2) Personal Information of the Freedom of Information Act 2000. This is due to the vehicles being assigned to singular individuals to perform their duty for the service.
    Year  Class  Class  Euro Emissions  Fuel Type 
    2012  CONNECT LWB CREWVAN  MAL 
    2017  MOTOR CARAVAN 
    2010  COMMUNITY OUTREACH  CBA 
    2012  CONNECT LWB CREWVAN  MAL 
    2018  FIAT DUCATO  CAE 
    2018  FIAT DUCATO  CAE 
    2011  VOLVO V50 D3 2.0D  CBE 
    2013  SKODA OCTAVIA EST  CBH 
    2013  SKODA OCTAVIA EST  CBH 
    2010  TRANSIT 350EL HIGH R  MAO 
    2021  CONNECT LWB CREWVAN  MAL 
    2021  CONNECT LWB VAN  MAG 
    2021  RENAULT ZOE  CRZ 
    2021  RENAULT ZOE  CRZ 
    2019  RENAULT ZOE  CRZ 
    2018  VAUXHALL MOKKA  CAJ 
    2018  VAUXHALL MOKKA  CAJ 
    2013  SKODA OCTAVIA EST  CBH 
    2019  RENAULT KANGOOS  CRK 
    2018  WELFARE UNIT  SAJ 
    2012  CONNECT LWB CREWVAN  MAL 
    FUEL BOWSER  FT 
    2012  SCANIA P28 SERIES  WAG 
    2012  SCANIA P28 SERIES  WAG 
    2023  TOYOTA RAV 4  CTR 
    2023  TOYOTA RAV 4  CTR 
    2023  TOYOTA RAV 4  CTR 
    2023  TOYOTA RAV 4  CTR 
    2023  TOYOTA RAV 4  CTR 
    2018  VAUXHALL MOKKA  CAJ 
    2018  VAUXHALL MOKKA  CAJ 
    2021  CONNECT LWB CREWVAN  MAL 
    2021  FORD FOCUS ESTATE  CAD 
    2012  TRANSIT 350 MWB DCIV  MAI 
    2011  VOLVO V50 D3 2.0D  CBE 
    2024  CONNECT LWB CREWVAN  MAL 
    2012  CONNECT LWB CREWVAN  MAL 
    2021  RENAULT KANGOO  CRK 
    2021  CONNECT LWB CREWVAN  MAL 
    2021  FORD FOCUS ESTATE  CAD 
    2019  RENAULT ZOE  CRZ 
    2019  RENAULT ZOE  CRZ 
    2018  VAUXHALL MOKKA  CAJ 
    2018  VAUXHALL MOKKA  CAJ 
    2011  PRIME MOVER  N04 
    2011  PRIME MOVER  N04 
    2011  HVP  N02 
    2013  SCANIA P31 SERIES  WAJ 
    2021  FORD FOCUS ESTATE  CAD 
    2021  FORD FOCUS ESTATE  CAD 
    2013  MERCEDES-BENZ 4X4  MAQ 
    2013  MERCEDES-BENZ 4X4  MAQ 
    2011  BRONTO PLATFORM  HAE 
    2011  BRONTO CHASSIS  HAD 
    2013  SCANIA P31 SERIES  WAJ 
    2013  SCANIA P31 SERIES  WAJ 
    2011  SCANIA P31 SERIES  WAJ 
    2011  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P28 SERIES  WAG 
    2012  SCANIA P28 SERIES  WAG 
    2012  SCANIA P28 SERIES  WAG 
    2012  SCANIA P28 SERIES  WAG 
    2012  SCANIA P28 SERIES  WAG 
    2019  MITSUBISHI L200  CAS 
    2019  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2018  MITSUBISHI L200  CAS 
    2007  MAN LE8140 (EPU)  SAC 
    2012  SPECIALIST RESCUE UN  RAD 
    2012  SPECIALIST RESCUE UN  RAD 
    2017  SCANIA P31 SERIES  WAJ 
    2017  SCANIA P31 SERIES  WAJ 
    2015  SCANIA P31 SERIES  WAJ 
    2015  SCANIA P31 SERIES  WAJ 
    2015  SCANIA P31 SERIES  WAJ 
    2014  SCANIA P31 SERIES  WAJ 
    2014  SCANIA P31 SERIES  WAJ 
    2014  SCANIA P31 SERIES  WAJ 
    2014  SCANIA P31 SERIES  WAJ 
    2013  SCANIA P31 SERIES  WAJ 
    2011  SCANIA P31 SERIES  WAJ 
    2011  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2021  CONNECT LWB VAN  MAG 
    2021  FORD FOCUS ESTATE  CAD 
    2021  FORD FOCUS ESTATE  CAD 
    2017  FORD TRANSIT 350 LWB  MAE 
    2013  SKODA OCTAVIA EST  CBH 
    2013  SKODA OCTAVIA EST  CBH 
    2016  FORD FOCUS ESTATE  CAD 
    2018  MITSUBISHI L200  CAS 
    2014  WATER BOWSER  SAE 
    2012  COMMAND SUPPORT VEH  SAK 
    2014  ALP CHASSIS  HAG 
    2014  SCANIA (ALP)  HAF 
    2021  RENAULT KANGOOS  CRK 
    2019  RENAULT KANGOOS  CRK 
    2012  CONNECT LWB CREWVAN  MAL 
    2021  ENV PROTECT UNIT  DAF 
    2021  FORD FOCUS ESTATE  CAD 
    2021  FORD FOCUS ESTATE  CAD 
    2021  FORD FOCUS ESTATE  CAD 
    2019  RENAULT KANGOOS  CRK 
    2021  SKODA SUPERB  CBJ 
    2012  MERCEDES 15 SEAT PCV  PCM 
    2012  SCANIA P28 SERIES  WAG 
    2019  15 SEAT PCV  PCM 
    2016  SKODA SUPERB  CBJ 
    2016  FORD FOCUS ESTATE  CAD 
    TRANSIT 350 MWB  MAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2012  SCANIA P31 SERIES  WAJ 
    2021  FORD COURIER VAN  CAF 
    2023  Toyota Proace 
    2023  Toyota Proace 

Exemptions

21. Information accessible to applicant by other means.

  1. Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information.
  2. For the purposes of subsection (1)—
    1. Information may be reasonably accessible to the applicant even though it is accessible only on payment, and
    2. Information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment.
  3. For the purposes of subsection (1), information which is held by a public authority and does not fall within subsection (2)(b) is not to be regarded as reasonably accessible to the applicant merely because the information is available from the public authority itself on request, unless the information is made available in accordance with the authority’s publication scheme and any payment required is specified in, or determined in accordance with, the scheme.

Section 21 of the Freedom of Information Act 2000 is categorised as an Absolute and Class Based type exemption and therefore does not require a public interest test to be carried nor must Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Section 24: - National security.

  1. Information which does not fall within section 23(1) is exempt information if exemption from section 1(1)(b) is required for the purpose of safeguarding national security.

Section 24 of the Freedom of Information Act 2000 is categorised as a Qualified and Prejudice Based type exemption and therefore requires a public interest test to be carried and furthermore requires that Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Section 31: - Law Enforcement

  1. Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
    1. the prevention or detection of crime,
    2. the apprehension or prosecution of offenders,
    3. the administration of justice,
    4. the assessment or collection of any tax or duty or of any imposition of a similar nature,
    5. the operation of the immigration controls,
    6. the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,
    7. the exercise by any public authority of its functions for any of the purposes specified in subsection (2),
    8. any civil proceedings which are brought by or on behalf of a public authorityand arise out of an investigation conducted, for any of the purposes specifiedin subsection (2), by or on behalf of the authority by virtue of Her Majesty’sprerogative or by virtue of powers conferred by or under an enactment, or
    9. any inquiry held under the [Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016] to the extent that the inquiry arises out of aninvestigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty’s prerogative or by virtueof powers conferred by or under an enactment.

Section 31 of the Freedom of Information Act 2000 is categorised as a Qualified and Prejudice Based type exemption and therefore requires a public interest test to be carried and furthermore requires that Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Section 40: - Personal Information

(2) Any information to which a request for information relates is also exempt information if—

  1. it constitutes personal data which does not fall within subsection (1), and
  2. the first, second or third condition below is satisfied.

(3A) The first condition is that the disclosure of the information to a member of the public otherwise than under this Act—

  1. would contravene any of the data protection principles, or
  2. would do so if the exemptions in section 24(1) of the Data Protection Act 2018(manual unstructured data held by public authorities) were disregarded.

(3B) The second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the GDPR (general processing: right to object to processing).

(4A) The third condition is that—

  1. on a request under Article 15(1) of the GDPR (general processing: right of accessby the data subject) for access to personal data, the information would be withheldin reliance on provision made by or under section 15, 16 or 26 of, or Schedule 2,3 or 4 to, the Data Protection Act 2018, or
  2. on a request under section 45(1)(b) of that Act (law enforcement processing:right of access by the data subject), the information would be withheld in relianceon subsection (4) of that section.

Section 40 of the Freedom of Information Act 2000 is categorised as an Absolute and Class Based type exemption and therefore does not require a public interest test to be carried nor must Nottinghamshire Fire and Rescue Service articulate the harm in disclosure.

Section 24

Overall Harm

As an emergency service Nottinghamshire Fire and Rescue Services must ensure that certain information relating to details of its equipment, technology and material, which would be deemed essential in order to carry out our operational duties is appropriately protected from those who wish to cause harm or disruption both at a local and national level. Releasing information such as Airwave Codes, VRM and base locations of such assets would create a major vulnerability to our aim to maintain the effective operation of our local and national emergency provision. The threat to the UK (England, Wales, Scotland and Northern Ireland) from terrorism is classified as substantial which indicates that an attack is likely. The Threat levels do not have an expiry date. They can change at any time as different information becomes available and is set by the Joint Terrorism Analysis Centre and the Security Service (MI5). In order to save lives, minimise harm and lessen the overall consequences of a terrorist attack within the country, it is vital that measures are in place to ensure rapid and unimpeded response to such events occur and reduce potential hostiles from targeting our facilities. The Service believes that maintaining security and ensuring public safety in a national and local context takes precedence over releasing certain information and it is believed to disclose the requested information intensifies through potential risks.

Public Interest Test

Favour in disclosure: Nottinghamshire Fire and Rescue Services understands that there would be a public interest in knowing how public funds are spent on such equipment, that those vehicles are well maintained, designed for the task they are to perform, adequate stock and well placed to respond to any type of incident. It further encourages openness and transparency between the service fostering public support and confidence.

Favour in non-disclosure: As an emergency service Nottinghamshire Fire and Rescue Services must ensure that certain information relating to details of its equipment and material, which would be deemed essential in order to carry out our operational duties are appropriately protected from those who wish to cause harm or disruption both at a local and national level. Releasing information such as Airwave Codes, VRM and base locations of such assets would create a major vulnerability to its aim to maintain the effective operation of its local and national emergency provision. For example, if we were to provide information such as Airwave Codes used by the Service, we may be putting our services and duties of protecting the public at risk –given that Airwave is a secure communications systems relied upon by the Service torespond to incidents, it forms part of the Critical National Infrastructure. Individuals seeking tocause harm involving the deliberate seeking of targets by an attacker can take many forms, including the use of the infrastructure and resources available to an emergency service. The potential impacts from these scenarios include fatalities and casualties, damage to propertyand infrastructure, increased demands on the emergency services, disruption to essentialservices and economic damage.

It is further argued that that disclosing the information would not add to the public’s understanding or awareness on the matter and would simply provide a detail repository of emergency equipment for those who may wish to cause harm both to the country and the public.

Section 31

Overall Harm

As an emergency service Nottinghamshire Fire and Rescue Services must ensure that certain information relating to details of its equipment and material, which would be deemed essential in order to carry out our operational duties is appropriately protected from those who wish to commit criminality or cause harm and disruption.

Vehicle VRM

The introduction of number plate recognition cameras (ANPR) which allows for the instantaneous checking of registration numbers against a national database. Police forces use ANPR (Automatic Number Plate Recognition) technology to help detect, deter and disrupt criminal activity at a local, force, regional and national level. This includes travelling criminals (those using the road network to avoid being caught), organised crime groups and terrorists. Releasing the VRM data for our fleet effectively provides a repository to ‘the world at large’ of all our licence plates tied to vehicle models and roles would, in our view, provide a ready database of licence plates tied to specific vehicle models that could be exploited by those attempting vehicle crime or fraud.

National Airwave Code

The codes used by Nottinghamshire Fire and Rescue Service during any incident allows both internal communication and external between various agencies such as police forces and the ambulance for effective communication during joint operations. Making these codes available to the wider public would enable those with criminal intent the knowledge of what is being communicated and undermine the effectiveness of this communication.

Public Interest Test

Favour in disclosure: Nottinghamshire Fire and Rescue Services understands that there would be a public interest in knowing how public funds are spent on such equipment, that those vehicles are well maintained, designed for the task they are to perform, adequate stock and well placed to respond to any type of incident. It further encourages openness and transparency between the service fostering public support and confidence.

Favour in non-disclosure: As an emergency service Nottinghamshire Fire and Rescue Services must ensure that certain information relating to details of its equipment and material, which would be deemed essential in order to carry out our operational duties are appropriately protected from those who wish to commit criminality or cause harm and disruption.

Vehicle VRM

Releasing the VRM data for our fleet effectively provides a repository to ‘the world at large’ of all our licence plates tied to vehicle models and roles would, in our view, provide a ready database of licence plates tied to specific vehicle models that could be exploited by those attempting vehicle crime or fraud. This would create a major vulnerability to our aim to maintain the effective operations of our local and national emergency provision. Furthermore, the potential impact not only affect the service but law enforcement as well, the intent on criminal and those who would seek to harm or endanger public safety would adversely affect the Police Service creating additional burden in their duty to prevent crime.

National Airwave Code

Releasing our National Airwave Code data effectively provides a critical piece of infrastructure information to ‘the world at large’ which is tied to the mobile communications network used by the UK’s emergency services. In our view, providing such information could be exploited by those attempting criminal activity or disruption of a specifically designed piece of equipment for use by government agencies, emergency services and other public services. Whilst the Airwave system is built with security in mind no system is flawless, no individual can foresee all potential security vulnerabilities that appear as time and technology advances. Individuals seeking to cause harm involving the deliberate seeking of targets by an attacker can take many forms, including the use of the infrastructure and resources available to an emergency service. This would create a major vulnerability to our aim to maintain the effective operations of our local and national emergency provision. Furthermore, the potential impact not only affects the service but law enforcement due to our collaboration and joint partnerships. The intent of a criminal and those who would seek to harm or endanger public safety would adversely affect the Police Service creating additional burden in their duty to prevent crime.

Balance of the public interest for both s24 & 31

Nottinghamshire Fire and Rescue Service considers that there is a public interest in knowing that the fire and rescue service has the appropriate hardware at their disposal, that disclosing the requested information could ordinarily meet this interest. However, the public interest in disclosing that information is very slight as it would add very little in terms of accountability for public expenditure or decision-making. Whereby the public interest in safeguarding national security is very great indeed. Having found that the exemptions are engaged in this case, for the reasons stated above, that this public interest could only be balanced by the presence of equally strong public interest factors in favour of disclosure. There are none in this case. Therefore, the balance of the public interest weighs heavily in favour of maintaining the exemption.