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Freedom of information request reference no: 01.FOI.23.033709
I note you seek access to the following information:
I am conducting a research project focusing on digital forensic tools and techniques employed by law enforcement agencies, particularly concerning mobile forensics.
I kindly request your participation in answering the following questions to shed light on the mobile forensic software utilized by the digital forensic unit.
1. Which specific software or tools do you use for mobile device forensics within the digital forensic unit?
2. What are the primary functionalities and capabilities of the software used for mobile forensics?
3. How does the software assist in extracting, analyzing, and preserving data from mobile devices?
4.Are there specific tasks or aspects of mobile forensic analysis where open-source tools excel, and conversely, areas where paid tools have a distinct advantage?
5. What challenges or limitations, if any, have you encountered while using these tools for mobile forensic investigations?
6. How frequently are the software and tools updated or upgraded to keep up with the changing landscape of mobile devices and operating systems?
7. Do you provide specialized training or have any certifications for the usage of these software tools to your forensic team?
8. Are there any specific protocols or standards followed while using this software for mobile forensics?
9. Could you share any success stories or notable cases where the software played a significant role in solving criminal investigations involving mobile devices?
10. Are there any upcoming advancements or changes anticipated in the mobile forensics software you currently use?
11.What protocols or standards do you follow to ensure the admissibility of mobile forensic evidence in legal proceedings? Your insights will be immensely helpful in understanding the landscape of digital forensic tools in mobile investigations.
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
Some of this information, namely the answer to Q1, 2, 3, 4, 5, 6, 7, 9 and 10 fully and part of the answer to Q8 and 11 has been withheld.
Section 31(1)(a)(b) – 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.
Whilst not questioning the motives of the applicant, providing any further information relating to specific tools or technologies utilised for drone forensics would reveal our digital forensic capability more broadly, which would be of intelligence value to criminals.
Disclosure of policing tactics and the tools at the police’s disposal will mean that those members of the public who are committing crimes and pose a risk to the public, would be able to formulate ways to circumvent the tactics and tools used. If disclosed the tactics and tools will become less effective and will mean that the police are not able to detect and prevent crime, apprehend or prosecute offenders or to administer justice for the wider community.
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 and tools 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 by the nature of requirements, a forensic strategy and data extraction may well be required for further evidential purposes.
Disclosure that reveals our mobile digital forensic capabilities would compromise law enforcement tactics and tools. Criminals could use the information to target areas of weakness knowing that their activities are less likely to be detected. It may be used by criminals 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 mobile data to assist with investigations or operations is a valuable tool. To release information relating to tools or technologies utilised for digital 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, it 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 appropriately and effectively engaging with the threat posed by criminals, there is a very strong public interest in safeguarding 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 law enforcement, this will only be overridden in exceptional circumstances. The use of digital forensic tools, whether for mobile digital forensics or any other aspect of policing within the digital environment, is a police tool 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
In regards to Q8, which protocols are followed whilst using software and Q11 which protocols are followed for legal proceedings, MO4 ensure all work completed abides by The Police, Crime, Sentencing and Courts act 2022.
You can find the full legislation by following the link below:
Police, Crime, Sentencing and Courts Act 2022
Please note this will need to be copy and pasted into your web browser to work.