From: CIO-Sec-mailbox (MULTIUSER) Sent: 07 August 2013 19:17 To: XXX XXXXXXXXXXXXX Subject: Release-authorised: 20130807-FOI-XXXXXXXXXX-11-07-2013-152443-005-U Ref No: 11-07-2013-152443-005 Dear XXXX XXXXXXXX, Thank you for your letter of 11 July 2013 where you requested the following information: “(1) As you will appreciate, this leaves the general public with the understanding that it is impossible to provide any computer records from MoD IT systems that were operating outside the UK in 2004, because the servers were cleansed of data. Can you clarify whether this is an accurate reflection of the policy of the Ministry of Defence as of 2004? (2) If so, can you clarify whether such a policy is still in force? (3) Please provide any documents which describe the policies and/or procedures in force in 2004 relating to the retention of information on the servers of Ministry of Defence IT systems that are returned to the UK. (4) Please provide any documents which describe the policies and/or procedures in force from 2005 – 2013 relating to the retention of information on the servers of Ministry of Defence IT systems that are returned to the UK. (5) If the above-referenced policies and/or procedures differ on the basis of which country the MoD has been operating in, please provide only the policies relevant to Iraq and Afghanistan.” I am treating your correspondence as a request for information under the Freedom of Information (FOI) Act 2000. In accordance with section 1 of the FOI Act, I can confirm that the Ministry of Defence holds the requested information. In response to your questions (1) and (2), your statement does not accurately reflect MOD policy in 2004. Material deemed worthy of preservation was printed off and incorporated into the (hardcopy) operational / corporate record, in accordance with Joint Service Publication 441: Defence Records Management Manual (JSP 441) and the Land Component Handbook. In addition, while some servers were cleansed of data and redeployed, an electronic archive capability had been put in place. The policy continues to evolve as the type and amount of data changes over time. Records are now recovered from theatre at regular intervals, so that they can be retrieved to support appropriate activities. Regarding your questions (3) and (4), in 2004, overarching MOD records management policy was promulgated in JSP 441 Version 2 dated March 2003. It was revised in 2007 and 2011. A copy of the 2003 (redacted) and 2007 revisions are attached to the covering email. The exemption at section 40(2) (Personal information) of the Act has been applied and the names of a number of junior officials have been redacted from the 2003 version of JSP 441 in line with the Department’s policy on the protection of the identities of junior officials (i.e. those officials who carried a rank below that of Senior Civil Service or Military equivalent and are not sufficiently senior for their names to be a matter of public knowledge). Section 40 is an absolute exemption and does not require a public interest test to be conducted. The 2011 revision to JSP 441 is exempt from disclosure under Section 21 of the Act because it is already accessible to you by other means. It is already in the public domain, and can be accessed from the following hyperlink: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/62750/jsp441_defen ce_records_mgt_policy_procedures_v4_2.pdf. Further to JSP 441, each of the three Services which comprise the UK Armed Forces promulgates their own Operational Record Keeping policies. Operational records are high value records. They are a subset of all the information created on operations and are defined by the Single Service Operational Record Keeping policies. Operational records provide a body of information that can be used by the Single Service Historical Branches for historical operational analysis to support MOD decision making, they provide a basis for much of the record required to assist legal activity involving the Department and they are also the records of operations that MOD will transfer to The National Archives for permanent preservation. Royal Navy operational records were still being stored in hard copy in 2004 following the guidance promulgated in the 1984 Queen’s Regulations and Admiralty Instructions, paragraph 2909 (Reports of Proceedings). This paragraph is attached at Annex A. A new Operational Record Keeping policy for the Naval Service (Book of Reference (BRd) 9461) was first promulgated in November 2007. It was at that point that the Royal Navy moved to a system of Monthly Unit Records rather than the periodically written Reports of Proceedings which had existed prior to that date. The 2007 revision to BRd 9461, which has had section 40(2) of the Act already applied to it, is exempt from disclosure under Section 21 of the Act because it is already accessible to you by other means. It is already in the public domain, and can be accessed from the following hyperlink: http://www.bahamousainquiry.org/linkedfiles/baha_mousa/module_4/mod_4_witness_statem/exhib it_kedb/miv003727.pdf. This document was further revised in 2011, and a redacted copy of this is attached. The exemption at section 40(2) of the Act has also been applied to the 2011 version of BRd 9461, and the names of a number of junior officials have been redacted. The Queen's Regulations for the Army, paragraph 5.555 (Operational Records) requires the maintenance of an operational record whilst on active operations. This paragraph is attached at Annex B. In 2004, Army operational record keeping policy was promulgated in the Land Component Handbook, a copy of which you will find attached. A Headquarters Land Forces Mounting Order for Op Telic was published in May 2003 that also described the requirement to keep operational records. An extract from this Mounting Order can be found at Annex C. The Land Component Handbook was superseded by Land Forces Standing Order 1120: Operational Record Keeping (LFSO 1120) in 2005 and the 2009 revision is the latest version. The exemption at section 40(2) (Personal information) of the Act has been applied and the names of a number of junior officials have been redacted from the 2005 and 2009 versions of LFSO 1120 in line with the Department’s policy on the protection of the identities of junior officials. The 2009 revision to LFSO 1120 is exempt from disclosure under Section 21 of the Act because it is already accessible to you by other means. It is already in the public domain, and can be accessed from the following hyperlink: http://www.bahamousainquiry.org/linkedfiles/baha_mousa/module_4/mod_4_witness_statem/exhib it_kedb/miv003708.pdf. In 2004, the requirement to keep and maintain an RAF Operations Record Book was promulgated in paragraph 2137 of the Queen’s Regulations for the Royal Air Force, an extract of which can be found in Annex D. The Air Publication 3040 (AP3040), which provides guidance on maintaining the RAF Operations Record Book, has not been amended since 2004 and therefore remains extant guidance for compiling RAF operational records. The RAF Operational Record Book is exempt from disclosure under Section 21 of the Act because it is already accessible to you by other means. It is already in the public domain, and can be accessed from the following hyperlink: http://www.bahamousainquiry.org/linkedfiles/baha_mousa/module_4/mod_4_witness_statem/exhib it_kedb/miv003755.pdf. In response to your question (5), I can confirm that the procedures did not and do not differ on the basis of in which country the MOD has been operating. If you are not satisfied with this response or you wish to complain about any aspect of the handling of your request, then you should contact me in the first instance. If informal resolution is not possible and you are still dissatisfied then you may apply for an independent internal review by contacting the Deputy Chief Information Officer, 2nd Floor, MOD Main Building, Whitehall, SW1A 2HB (e-mail [email protected]). Please note that any request for an internal review must be made within 40 working days of the date on which the attempt to reach informal resolution has come to an end. If you remain dissatisfied following an internal review, you may take your complaint to the Information Commissioner under the provisions of Section 50 of the Freedom of Information Act. Please note that the Information Commissioner will not investigate your case until the MOD internal review process has been completed. Further details of the role and powers of the Information Commissioner can be found on the Commissioner's website, http://www.ico.gov.uk. Yours sincerely, XXXXXXXXXXXXXXXXXXXX CIO-Sec Plans Tel: XXXXXXXXXXXXXXXXXXXX Email: [email protected] Mail: MB XXXXXXXXXX JSP 441 - Defence Records Mgt Manual This Page Last Updated: JSP 441 Tuesday, 11 March 2003 12:59 Defence Records Management Manual Queries, Suggestions, etc. CONTENTS See the new version of Chapter 6 containing updated policy on management of electronic records Foreword About this Manual Chapter 1 - Underpinning Legislation Annex 1A - Freedom of Information Act 2000 Chapter 2 - Role and Responsibilities of DG Info-Records Chapter 3 - Responsibilities of MOD HQ Business Units, Other Civilian Establishments, Service Commands & Units Chapter 4 - The MOD Filing System Annex 4A - Example of a Completed Registered File Cover Annex 4B - Example of a Registered File Record Sheet (MOD Form 262A) Annex 4C - Example of a Registered File Minute Sheet Annex 4D - Rules Governing the Weeding