The use of drones for court admissible evidence

Freedom of information request reference no: 01.FOI.23.030389

I note you seek access to the following information:

1. Can drones be used for court-admissible evidence?
2. Are there any conditions for them to be court-admissible?
3. What tools or technologies are utilised for drone forensics?
4. Are there any specific challenges your DFOs experience in regard to gaps in drone forensics capabilities?
5. Could you disclose your digital forensics handling procedures in regard to drone forensics, if this exists?

This should ideally cover planning to presenting as outlined within ACPO good practice for digital evidence. Where necessary please direct to further, publicly available, resources.

Time Period: 2020-Current

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 31(1)(a)(b) – Law Enforcement

Reason for decision

In relation to Questions 1 and 2 the requested information will be fully disclosed. For Questions 3 and 5 a partial disclosure will be given.

With regards to Question 4, as you have posed a question which would seek an individual’s views on challenges experienced in their role, this would not be held in recorded format. Therefore, as a FOIA request concerns recorded information held by a Public Authority, in this instance no information is held.

Finally for the remaining question where you seek digital forensics handling procedures, any documentation has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice.

To provide all information relating to tools or technologies utilised for drone forensics and any documentation concerning digital forensics handling procedures in regard to drone forensics, would allow those with a criminal intent to undermine the MPS’s operational capability and tactics employed, thus prejudicing law enforcement and assisting them with avoiding detection whilst committing a crime. As such, Section 31(1)(a)(b) of the Act is engaged.

Section 31 - Law Enforcement - A Freedom of Information Act request is not a private transaction. Both the request itself and any information disclosed, are considered suitable for open publication. This is because under the Act, any information disclosed is released into the wider public domain, effectively to the world, not just to an individual. The use of drones is a rapidly developing technique, which can be used by the police service as a whole in a variety of ways to combat crime.

Whilst not questioning the motives of the applicant, providing any further information relating to tools or technologies utilised for drone forensics and any documentation concerning digital forensics handling procedures in regard to drone forensics would reveal our operational capability, tactics and/or limitations of the drones, which be of intelligence value to criminals.

Intelligence led policing is an essential part of day to day policing overall. Disclosure of this information may prejudice police activities and also has potential to reveal tactical information. This information could be deemed valuable to those in Serious and Organised Crime gangs including terrorists. Public safety is of paramount importance and the Police Service will not disclose information which would jeopardise the prevention of crime and/or the safety of individuals under any circumstances.

The release of this information, combined with detailed information readily available on the internet, would allow criminals to identify the strengths and weakness of our drones, which they would then be able to use to their advantage when planning criminal acts. This would therefore both directly and indirectly impact on our law enforcement functions and increase the fear of crime in the community the police service seeks to serve.

There is always a duty of care to the general public and the Police Service has a clear responsibility to ensure the prevention or detection of crime, and the apprehension or prosecution of offenders is always delivered. There are a number of tactics available to the Police Service to ensure the effective delivery of operational law enforcement. In this case, such policing activity is required to undertake fair investigations where it may be necessary to progress a range of reasonable lines of enquiry. An example of this maybe where accounts are provided to the police by victims, suspects and witnesses, but the nature of requirements, forensic strategy and data extraction may well be required for further evidential purposes.

As such, the disclosure of any further information which would hinder the MPS’s law enforcement functions cannot be in the public interest.

Disclosure of the information requested would compromise law enforcement tactics. Criminals/terrorists could target areas of weakness knowing that their activities are less likely to be detected. It may be used by criminals/terrorists who are intent on pursuing their criminal activity, to identify and exploit the limitations of these resources.

This is an area of increasing technological changes and as such the use of drones by police forces to assist with its investigations or operations is a valuable tool. To release information relating to tools or technologies utilised for drone forensics and any documentation concerning digital forensics handling procedures in regard to drone forensics would have a detrimental effect on our policing capabilities. Therefore, to mitigate any risks, disclosure of this information needs to be protected, to ensure that those with intent to do so cannot manipulate it or undermine its purpose in any way.

Any disclosure of information which would compromise law enforcement tactics and thus lead to more crime being committed by reducing the opportunity for the prevention and detection of crime, would therefore increase the risk to public safety, which is not in the public interest.

Law enforcement is of paramount importance and the Police service will not disclose information if to do so would undermine its purpose and place the safety of individual(s) at risk. Whilst there is a public interest in the transparency of using public money in policing operations appropriately and effectively engaging with the threat posed by criminals or terrorists, there is a very strong public interest in safeguarding both the security of the country and the integrity of police investigations and operations in this area.

As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of security and law enforcement, this will only be overridden in exceptional circumstances. The use of drones is a police tactic that is open to police forces for the purpose of law enforcement and can assist in the prevention and detection of crime. Any disclosure which hinders our capability and assists criminals cannot be in the public interest.

It is for these reasons that I have determined that the balance test favours non-disclosure of the requested information.

Disclosure

Please find below the answer to your questions suitable for disclosure.

Q1 - Can drones be used for court-admissible evidence?

Yes

Q2 - Are there any conditions for them to be court-admissible?

Imagery recorded by drones is court admissible the same as any other imagery recorded by police and as such it must comply with our own digital imaging guidance, which is derived from the Home Office guidance, whereby its integrity and authenticity can be demonstrated, if requested.

Q3 - What tools or technologies are utilised for drone forensics?

Stills and videos

Q5 - Could you disclose your digital forensics handling procedures in regard to drone forensics, if this exists?

Handling procedures are the same as any other digital item and like any other device seized investigating offices will be thinking of wet forensics before submission to Cyber.

In addition, Science imaging operate to the digital standards, laid out in ISO 107025 by the Forensic Regulator and UKGDPR.